Johnson v. Sonoma County Child Protective Services et al

Filing 18

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 12/27/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/27/2012)

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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,

Case No.: 12-02924 CW (PR)

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Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

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v.
MELLISA McKINNEY, et al.,
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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Thereafter, when Plaintiff informed the Court that he was going to

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be released, the Court directed him either to pay the filing fee

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or file a non-prisoner IFP application.

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was not released at that time; consequently, he filed a new

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prisoner IFP application.

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was released and no longer is incarcerated.

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Docket no. 7.

Docket no. 14.

Plaintiff

Subsequently, Plaintiff

By Order dated December 4, 2012, the Court denied Plaintiff’s

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request to proceed IFP and informed him that, because he has been

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released from custody, he now must apply to proceed IFP under the

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

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$350.00 filing fee.

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submit a completed non-prisoner IFP application no later than

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fourteen days from the date of the order.

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Plaintiff that if he failed to comply with the order, the case

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would be dismissed without prejudice.

The Court ordered Plaintiff to pay the fee or

The Court informed

The Clerk of the Court sent

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Plaintiff a blank non-prisoner IFP application with the order.
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:

12/27/2012

________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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