Curtis v. Beltran et al

Filing 4

ORDER DISMISSING CASE WITHOUT PREJUDICE AND DENYING PLAINTIFF'S IN FORMA PAUPERIS AS INCOMPLETE, Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Parnell Curtis. Signed by Magistrate Judge Donna M. Ryu on 8/24/15. (ig, COURT STAFF) (Filed on 8/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PARNELL CURTIS,

Case No. 15-cv-02679-DMR (PR)

Plaintiff,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
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F. BELTRAN, et al.,
Defendants.

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Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C.
§ 1983. Plaintiff has consented to magistrate judge jurisdiction in this matter. Dkt. 1 at 7.

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United States District Court
Northern District of California

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Plaintiff filed an in forma pauperis application and his prisoner trust account statement; however,

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he filed an incomplete copy of his certificate of funds because it was not signed by an authorized

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officer at the prison. Dkt. 2.

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On June 29, 2015, the Clerk of the Court notified Plaintiff that his in forma pauperis

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application was deficient due to the failure to include a certificate of funds that was completed and

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signed by an authorized officer at the prison. The Clerk further informed him that his action could

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not go forward until he filed the necessary document within twenty-eight days, and that his failure

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to do so would result in dismissal of this action. More than twenty-eight days have passed and

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Plaintiff has not submitted a certificate of funds that has been completed and signed by an

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authorized officer at the prison.

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Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff’s in forma

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pauperis application is DENIED as incomplete. Dkt. 2. The Clerk shall enter judgment, terminate

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all pending motions and close the file.

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IT IS SO ORDERED.

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Dated: August 24, 2015

______________________________________
DONNA M. RYU
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PARNELL CURTIS,

Case No. 4:15-cv-02679-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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F. BELTRAN, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on August 24, 2015, I SERVED a true and correct copy(ies) of the Order of Dismissal
Without Prejudice, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

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Parnell Curtis ID: H-09068
31625 Hwy 101 N
Soledad, CA 93960

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Dated: August 24, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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