Warner et al v. Cate et al

Filing 4

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 8/23/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/23/2012)

1
2
IN THE UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5
6

9
United States District Court
For the Northern District of California

10

ORDER OF DISMISSAL WITHOUT
PREJUDICE

Plaintiff,

7
8

No. C 12-03657 YGR (PR)

EARL WARNER,

vs.
MATTHEW L. CATE, et al.,
Defendants.

/

11
12

On July 12, 2012, Plaintiff, a state prisoner, filed the present pro se prisoner complaint under

13

42 U.S.C. § 1983. Plaintiff has also filed a handwritten document entitled, "Motion to Proceed In

14

Forma Pauperis and Declaration in Support of [Motion]."

15

On that same date, the Clerk of the Court sent a notice to Plaintiff, informing him that he

16

used the he "did not use the correct [in forma pauperis application] form" and that his action could

17

not go forward until he paid the filing fee or filed a completed prisoner's in forma pauperis

18

application on this Court's current form. The Clerk sent Plaintiff a blank in forma pauperis

19

application and told him that he must pay the fee or return the completed application within thirty

20

days or his action would be dismissed. More than thirty days have passed, and Plaintiff has not paid

21

the filing fee, returned the in forma pauperis application or otherwise communicated with the Court.

22
23
24
25

Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall enter
judgment, terminate all pending motions, and close the file.
IT IS SO ORDERED.
DATED: August 23, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

26
27
28

G:\PRO-SE\YGR\CR.12\Warner3657.DISIFP.frm