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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 PAUL SAMUEL JOHNSON, 4 Plaintiff, 5 Case No.: 11-02058 CW (PR) ORDER OF DISMISSAL v. 6 WARDEN FONG, et al., 7 Defendants. 8 9 United States District Court For the Northern District of California 10 Plaintiff filed the present pro se civil rights action and an 11 application seeking leave to proceed in forma pauperis (IFP) when 12 he was incarcerated at the California State Prison - Solano. 13 Court granted Plaintiff IFP status, but later revoked that status 14 when he sought leave to proceed IFP on appeal. 15 43. 16 The Docket nos. 34, After the Ninth Circuit remanded the case to this Court for 17 further proceedings, Plaintiff was released from custody. 18 order dated December 17, 2012, the Court informed him that, 19 because he had been released, he now must apply to proceed IFP 20 under the general provisions of 28 U.S.C. § 1915(a)(1) or pay the 21 full filing fee. 22 with leave to amend because of various pleading deficiencies. 23 Court ordered Plaintiff to file his IFP or pay the filing fee, and 24 25 26 In an Additionally, the Court dismissed the complaint The 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. 27 More than fourteen days have passed since the Court’s order 28 1 issued and Plaintiff has not complied with the order or otherwise 2 communicated with the Court. 3 Accordingly, this case is hereby DISMISSED without prejudice. 4 The Clerk shall enter judgment and close the file. 5 IT IS SO ORDERED. 6 Dated: 1/8/2013 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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