Stanley v. Wong et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 12/3/09. (lrc, COURT STAFF) (Filed on 12/4/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JERRY F. STANLEY, Plaintiff, No. C 09-04580 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE DR. WONG, et al., Defendants. / Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of California. In an Order dated September 16, 2009, Magistrate Judge Dale A. Drozd of the Eastern District ordered it transferred to this Court on venue grounds. On October 1, 2009, the instant case was received by this Court. On October 13, 2009, the Clerk of the Court sent a notice to Plaintiff, informing him that his action could not go forward until he paid the filing fee or filed a completed prisoner's in forma pauperis application. The Clerk sent Plaintiff a blank in forma pauperis application and told him that he must pay the fee or return the completed application within thirty days or his action would be dismissed. More than thirty days have passed and Plaintiff has not submitted an in forma pauperis application or the requisite documents. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. 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: 12/3/09 SAUNDRA BROWN ARMSTONG UNITED STATES DISTRICT JUDGE P:\PRO-SE\SBA\CR.09\Stanley4580.DisIFP.wpd 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JERRY F STANLEY, Plaintiff, v. WONG, WARDEN et al, Defendant. / Case Number: CV09-04580 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 4, 2009, 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. Jerry F Stanley C-80900 California State Prison - San Quentin San Quentin, CA 94974 Dated: December 4, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\CR.09\Stanley4580.DisIFP.wpd2

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