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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL L. OVERTON, C47370,
Plaintiff,

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United States District Court
Northern District of California

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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,

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2020 and transferred to this court on August 4, 2020. This court notified plaintiff in writing at that

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time, August 4, 2020, that the action was deficient because plaintiff did not pay the requisite

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$400.00 filing fee or, instead, submit a signed court-approved in forma pauperis application,

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including a completed certificate of funds in the prisoner’s account and a copy of the prisoner’s

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trust account statement for the last six months. See 28 U.S.C. § 1915(a)(2). Plaintiff was advised

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that failure to file the requested items within 28 days would result in dismissal of the action.

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More than 28 days have elapsed; however, plaintiff has not provided the court with the

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requisite items or sought an extension of time to do so. The action accordingly is DISMISSED

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without prejudice.

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The clerk shall close the file and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: September 15, 2020
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CHARLES R. BREYER
United States District Judge