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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PAUL SAMUEL JOHNSON, Case No.: 12-02924 CW (PR) 5 Plaintiff, ORDER OF DISMISSAL WITHOUT PREJUDICE 6 7 8 v. MELLISA McKINNEY, et al., Defendants. 9 United States District Court For the Northern District of California 10 11 Plaintiff filed the present pro se civil rights action and an 12 application seeking leave to proceed in forma pauperis (IFP) when 13 he was incarcerated at the California State Prison - Solano. 14 Thereafter, when Plaintiff informed the Court that he was going to 15 be released, the Court directed him either to pay the filing fee 16 or file a non-prisoner IFP application. 17 was not released at that time; consequently, he filed a new 18 prisoner IFP application. 19 was released and no longer is incarcerated. 20 Docket no. 7. Docket no. 14. Plaintiff Subsequently, Plaintiff By Order dated December 4, 2012, the Court denied Plaintiff’s 21 request to proceed IFP and informed him that, because he has been 22 released from custody, he now must apply to proceed IFP under the 23 general provisions of 28 U.S.C. § 1915(a)(1) or he must pay the 24 $350.00 filing fee. 25 submit a completed non-prisoner IFP application no later than 26 fourteen days from the date of the order. 27 Plaintiff that if he failed to comply with the order, the case 28 would be dismissed without prejudice. The Court ordered Plaintiff to pay the fee or The Court informed The Clerk of the Court sent 1 2 Plaintiff a blank non-prisoner IFP application with the order. More than fourteen days have passed since the Court’s order 3 issued and Plaintiff has not complied with the order or otherwise 4 communicated with the Court. 5 Accordingly, this case is hereby DISMISSED without prejudice. 6 The Clerk shall enter judgment and close the file. 7 IT IS SO ORDERED. 8 Dated: 12/27/2012 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 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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