Pierce v. Director of Corrections and Rehabilition et al

Filing 6

ORDER DISMISSING CASE, without prejudice. Plaintiff's IFP Application is DENIED AS INCOMPLETE. Signed by Judge Saundra Brown Armstrong, on 12/10/08. (lrc, COURT STAFF) (Filed on 12/12/2008) Modified on 12/15/2008 (jlm, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL D. PIERCE, Plaintiff, v. DIRECTOR OF CORRECTIONS AND REHABILITATION, et al., Defendants. /

No. C 08-04446 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Plaintiff filed a completed in forma pauperis application and his prisoner trust account statement; however, he did not file a copy of his certificate of funds. On October 28, 2008, the Court issued an Order Directing Payment of Filing Fee or a Copy of his Certificate of Funds. The Clerk sent Plaintiff another blank in forma pauperis application. The Court directed Plaintiff to either pay the fee or return the completed certificate of funds within thirty days or his action would be dismissed. More than thirty days have passed and Plaintiff has not submitted his certificate of funds. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma pauperis application is DENIED as incomplete. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall close the file. IT IS SO ORDERED. DATED: 12/10/08 SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL D. PIERCE, Plaintiff, v. DIRECTOR OF CORRECTIONS et al, Defendant. /

Case Number: CV08-04446 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 12, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Michael D. Pierce CDCR #P-31729 CDCR - Corcoran P.O. Box 5242 Corcoran, CA 93212 Dated: December 12, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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