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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BYRON H. MCGINNIS,
Plaintiff,

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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

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After plaintiff sent by USPS mail a complaint under 42 U.S.C. § 1983 and an application

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to proceed in forma pauperis (“IFP”) from San Quentin State prison, a facility which participates

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in prison email filing with this Court, the Clerk sent him a Notice to file his complaint and IFP

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application by prison email as required by General Order No. 76. Dkt. No. 1. Plaintiff did not

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comply with these instructions or show good cause for not doing so. The Court provided plaintiff

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another opportunity to comply with the filing instructions or file a declaration stating why he

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could not comply. He was informed that if he did not comply, the case would be dismissed

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without prejudice under Federal Rule of Civil Procedure 41(b). Plaintiff has not submitted these

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filings electronically or responded to the Court’s order. Pursuant to Federal Rule of Civil

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Procedure 41(b) this case is dismissed without prejudice and the Clerk is requested to close the

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case. All pending motions are vacated.

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IT IS SO ORDERED.

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Dated: February 5, 2024

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JAMES DONATO
United States District Judge