Johnson v. Fong et al

Filing 56

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 1/8/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL SAMUEL JOHNSON,
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Plaintiff,
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Case No.: 11-02058 CW (PR)
ORDER OF DISMISSAL

v.
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WARDEN FONG, et al.,

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Defendants.

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United States District Court
For the Northern District of California

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Plaintiff filed the present pro se civil rights action and an

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application seeking leave to proceed in forma pauperis (IFP) when

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he was incarcerated at the California State Prison - Solano.

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Court granted Plaintiff IFP status, but later revoked that status

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when he sought leave to proceed IFP on appeal.

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43.

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The

Docket nos. 34,

After the Ninth Circuit remanded the case to this Court for

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further proceedings, Plaintiff was released from custody.

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order dated December 17, 2012, the Court informed him that,

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because he had been released, he now must apply to proceed IFP

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under the general provisions of 28 U.S.C. § 1915(a)(1) or pay the

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full filing fee.

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with leave to amend because of various pleading deficiencies.

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Court ordered Plaintiff to file his IFP or pay the filing fee, and

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In an

Additionally, the Court dismissed the complaint
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to file his amended complaint, no later than fourteen days from
the date of the order.

The Court informed Plaintiff that failure

to comply with the order would result in the dismissal of the case
without prejudice.

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More than fourteen days have passed since the Court’s order
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issued and Plaintiff has not complied with the order or otherwise

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communicated with the Court.

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Accordingly, this case is hereby DISMISSED without prejudice.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: 1/8/2013
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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