Hawes v. Doyle

Filing 4

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 11/17/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 11/17/2017)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

TERRY R. HAWES,
Plaintiff,

7
8
9

Case No. 17-cv-05598-WHO (PR)
ORDER OF DISMISSAL

v.
ROBERT DOYLE,
Defendant.

10

Dkt. No. 2

United States District Court
Northern District of California

11
12

Plaintiff Terry Hawes has not complied with the Court’s order to (1) file a complete

13

application to proceed in forma pauperis (“IFP”), or (2) pay the filing fee of $400.00. The

14

IFP application does not contain a Certificate of Funds signed by an authorized prison

15

officer, nor a prison trust account statement showing transactions for the last six months.

16

Accordingly, this federal civil rights action is DISMISSED without prejudice for failing to

17

respond to the Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b).

18

Because this dismissal is without prejudice, Hawes may move to reopen the action.

19

Any such motion must contain the two documents listed above, or full payment for the

20

$400.00 filing fee.

21

Hawes’s IFP application (Dkt. No. 2) is DENIED as insufficient.

22

The Clerk shall terminate Docket No. 2, enter judgment in favor of defendant, and

23
24
25
26
27
28

close the file.
IT IS SO ORDERED.
Dated: November 17, 2017
_________________________
WILLIAM H. ORRICK
United States District Judge