Blackman v. Micormic et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 10/21/11. (lrc, COURT STAFF) (Filed on 10/25/2011)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 ORDER OF DISMISSAL WITHOUT PREJUDICE Plaintiff, v. CORRECTIONAL OFFICER MICORMIC, et al., Defendants. 11 For the Northern District of California United States District Court 10 No. C 11-03731 SBA (PR) TONY BLACKMAN, 12 / Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. ยง 1983. 13 Plaintiff filed a completed in forma pauperis application and his prisoner trust account statement; 14 however, he did not file a copy of his certificate of funds. The Clerk of the Court notified Plaintiff 15 that his in forma pauperis application was deficient due to the failure to include his certificate of 16 funds. On August 2, 2011, the Clerk sent a notice to Plaintiff, informing him that his action could 17 not go forward until he filed the necessary document within thirty days, and that his failure to do so 18 would result in dismissal of this action. More than thirty days have passed and Plaintiff has not 19 submitted his certificate of funds. 20 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma 21 pauperis application is DENIED as incomplete. The Court has rendered its final decision on this 22 matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall close the 23 file. 24 25 IT IS SO ORDERED. DATED: 10/21/11 SAUNDRA BROWN ARMSTRONG United States District Judge 26 27 28 G:\PRO-SE\SBA\CR.11\Blackman3731.DisIFP.wpd 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 TONY BLACKMAN, Case Number: CV11-03731 SBA Plaintiff, 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 CERTIFICATE OF SERVICE v. MICORMIC et al, Defendant. / 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 October 25, 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 Tony Blackman V-22349 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960-1050 Dated: October 25, 2011 18 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Blackman3731.DisIFP.wpd 2

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