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)

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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

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