Vasquez

Filing 5

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 8/27/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 8/27/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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In re DAVID MARTINEZ aka
ROBERT ANDREAS VASQUEZ,

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No. C 13-2839 PJH (PR)
Plaintiff

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ORDER OF DISMISSAL

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Plaintiff, a state prisoner has filed a pro se civil rights complaint under 42 U.S.C. §
1983, however he did not pay the filing fee or submit an application to proceed in forma

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For the Northern District of California

United States District Court

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pauperis (“IFP”). Plaintiff was sent a notice that he had not paid the filing fee or applied for

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leave to proceed IFP; and was allowed thirty days to either pay the fee or file the

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application. A copy of the court's form for applications to proceed IFP was provided with

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the notice, along with a return envelope.

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The time period has passed and plaintiff has not filed a completed IFP application or

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paid the filing fee. Plaintiff did file a miscellaneous motion, that contains a partial IFP

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application, however the rest of the motion is rambling, confusing and incomprehensible.

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Plaintiff has filed similar cases and motions in this district, No. C 13-1053 PJH (PR), No. C

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12-6515 PJH (PR), and in the Eastern District of California, No. 12-2562 JAM CKD.

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Therefore, the case will be dismissed for failure to pay the filing fee or submit an IFP

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application.
CONCLUSION

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Plaintiff’s motion (Docket No. 4) is DENIED and this case is DISMISSED without
prejudice. No fee is due. The clerk shall close the file.
IT IS SO ORDERED.
Dated: August 27, 2013.
PHYLLIS J. HAMILTON
United States District Judge