McGinnis v. Bass et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge James Donato on 2/5/2024. (lrc, COURT STAFF) (Filed on 2/5/2024)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 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 BYRON H. MCGINNIS, Plaintiff, 7 8 9 10 Case No. 23-cv-05384-JD ORDER RE DISMISSAL v. Re: Dkt. No. 8 BASS, et al., Defendants. United States District Court Northern District of California 11 12 After plaintiff sent by USPS mail a complaint under 42 U.S.C. § 1983 and an application 13 to proceed in forma pauperis (“IFP”) from San Quentin State prison, a facility which participates 14 in prison email filing with this Court, the Clerk sent him a Notice to file his complaint and IFP 15 application by prison email as required by General Order No. 76. Dkt. No. 1. Plaintiff did not 16 comply with these instructions or show good cause for not doing so. The Court provided plaintiff 17 another opportunity to comply with the filing instructions or file a declaration stating why he 18 could not comply. He was informed that if he did not comply, the case would be dismissed 19 without prejudice under Federal Rule of Civil Procedure 41(b). Plaintiff has not submitted these 20 filings electronically or responded to the Court’s order. Pursuant to Federal Rule of Civil 21 Procedure 41(b) this case is dismissed without prejudice and the Clerk is requested to close the 22 case. All pending motions are vacated. 23 IT IS SO ORDERED. 24 Dated: February 5, 2024 25 26 27 28 JAMES DONATO United States District Judge

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