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)

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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. ยง 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

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