Johnson

Filing 7

ORDER OF DISMISSAL. Signed by Judge Trina L. Thompson on 11/14/2023. (rfm, COURT USER) (Filed on 11/14/2023)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)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JOHNSON,
Plaintiff,

8

UNKNOWN,
Defendant.

11

United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

9
10

Case No. 23-cv-05119-TLT

12
13

Plaintiff, who is detained at the West County Detention Facility in Contra Costa County

14

and proceeding pro se, filed a letter which the Court construed as an attempt to file a civil rights

15

complaint under 42 U.S.C. § 1983. ECF 1. That same day, the Clerk of the Court informed

16

plaintiff that this action was deficient because (1) plaintiff had not filed the complaint on the

17

prisoner complaint form and (2) plaintiff had not paid the filing fee or filed an application to

18

proceed in forma pauperis. ECF 2, 3. Plaintiff was instructed to respond within twenty-eight days

19

of the date of the order. Id.

20

The deadline to (1) file a complaint and (2) either pay the filing fee or file an application

21

for leave to proceed in forma pauperis has passed, and plaintiff has done neither. The Court

22

therefore DISMISSES this action without prejudice. Because this dismissal is without prejudice,

23

plaintiff may move to reopen the action. Any such motion must be accompanied by (1) a

24

complaint on the proper prisoner complaint form and (2) either the filing fee or an in forma

25

pauperis application on the proper form with the required supporting documents.

26
27

//

28

//

1
2
3
4

The Clerk shall enter judgment in favor of defendant, terminate all pending motions, and
close the file.
IT IS SO ORDERED.
Dated: November 14, 2023

5
6
TRINA L. THOMPSON
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2