Day v. Warden, Atascadero State Hospital et al

Filing 4

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 6/16/2011. (ndr, COURT STAFF) (Filed on 6/16/2011)

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1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 No. C 11-2030 CW (PR) JEFFERY RAYMOND DAY, Plaintiff, 5 6 v. WARDEN, ATASCADERO STATE HOSPITAL, et al., 7 Defendants. 8 9 ORDER OF DISMISSAL WITHOUT PREJUDICE / Plaintiff Jeffery Raymond Day, a state prisoner confined at United States District Court For the Northern District of California 10 Atascadero State Hospital, filed the instant pro se prisoner 11 complaint under 42 U.S.C. ยง 1983. 12 application attached to the complaint bears the name of a different 13 individual, however, and the prison trust account statements 14 pertain to a third individual. 15 action was filed the Clerk of the Court sent a notice to Plaintiff, 16 informing him that his action could not go forward until he paid 17 the filing fee or filed a completed prisoner's in forma pauperis 18 application. 19 application and told him that he must pay the fee or return the 20 completed application within thirty days or his action would be 21 dismissed. 22 paid the filing fee, returned the in forma pauperis application or 23 otherwise communicated with the Court. The in forma pauperis Consequently, on the same day the The Clerk sent Plaintiff a blank in forma pauperis More than thirty days have passed and Plaintiff has not 24 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. 25 This Order terminates Docket no. 3. 26 IT IS SO ORDERED. 27 28 Dated: 6/16/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 JEFFREY RAYMOND DAY, Case Number: CV11-02030 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 KATHLEEN DICKSEN et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 June 16, 2011, 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. 13 14 15 16 17 18 Jeffery Raymond Day AT-060391 Atascadero State Hospital 10333 El Camino Real Atascadero, CA 93422 Dated: June 16, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 2

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