(PC) Overton v. O'Malley

Filing 6

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 9/15/2020. (lsS, COURT STAFF) (Filed on 9/15/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL L. OVERTON, C47370, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 20-cv-05375-CRB (PR) ORDER OF DISMISSAL v. NANCY E. O'MALLEY, et al., Defendant(s). This civil action by a prisoner was filed in the Eastern District of California on July 24, 13 2020 and transferred to this court on August 4, 2020. This court notified plaintiff in writing at that 14 time, August 4, 2020, that the action was deficient because plaintiff did not pay the requisite 15 $400.00 filing fee or, instead, submit a signed court-approved in forma pauperis application, 16 including a completed certificate of funds in the prisoner’s account and a copy of the prisoner’s 17 trust account statement for the last six months. See 28 U.S.C. § 1915(a)(2). Plaintiff was advised 18 that failure to file the requested items within 28 days would result in dismissal of the action. 19 More than 28 days have elapsed; however, plaintiff has not provided the court with the 20 requisite items or sought an extension of time to do so. The action accordingly is DISMISSED 21 without prejudice. 22 The clerk shall close the file and terminate all pending motions as moot. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: September 15, 2020 ______________________________________ CHARLES R. BREYER United States District Judge

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