Hensley v. Swarthout
Filing
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ORDER OF DISMISSAL WITHOUT PREJUDICEsigned by Judge Saundra Brown Armstrong on 11/15/2013. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 11/19/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE
v.
GARY SWARTHOUT, et al.,
Defendants.
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United States District Court
For the Northern District of California
No. C 13-04427 SBA (PR)
STEPHEN HENSLEY,
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On September 24, 2013, Plaintiff, a state prisoner, filed a document entitled, "Plaintiff's
Motion for . . . Emergency Injunction Against Transfer to Known Contaminated Prison," which was
opened as a civil rights action. On that same date the Clerk of the Court sent a notice to Plaintiff,
informing him that his action could not go forward until he paid the filing fee or filed a completed
prisoner's in forma pauperis application. The Clerk sent Plaintiff a blank in forma pauperis
application and told him that he must pay the fee or return the completed application within twentyeight days or his action would be dismissed. More than twenty-eight days have passed and Plaintiff
has not paid the filing fee, returned the in forma pauperis application or otherwise communicated
with the Court.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court
shall enter judgment, terminate all pending motions as moot, and close the file.
IT IS SO ORDERED.
DATED:
11/15/2013
SAUNDRA BROWN ARMSTRONG
United States District Judge
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G:\PRO-SE\SBA\CR.13\Hensley4427.DISIFP.frm
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