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)
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
PARNELL CURTIS,
Case No. 15-cv-02679-DMR (PR)
Plaintiff,
5
ORDER OF DISMISSAL WITHOUT
PREJUDICE
v.
6
7
F. BELTRAN, et al.,
Defendants.
8
9
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.
11
United States District Court
Northern District of California
10
Plaintiff filed an in forma pauperis application and his prisoner trust account statement; however,
12
he filed an incomplete copy of his certificate of funds because it was not signed by an authorized
13
officer at the prison. Dkt. 2.
14
On June 29, 2015, the Clerk of the Court notified Plaintiff that his in forma pauperis
15
application was deficient due to the failure to include a certificate of funds that was completed and
16
signed by an authorized officer at the prison. The Clerk further informed him that his action could
17
not go forward until he filed the necessary document within twenty-eight days, and that his failure
18
to do so would result in dismissal of this action. More than twenty-eight days have passed and
19
Plaintiff has not submitted a certificate of funds that has been completed and signed by an
20
authorized officer at the prison.
21
Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff’s in forma
22
pauperis application is DENIED as incomplete. Dkt. 2. The Clerk shall enter judgment, terminate
23
all pending motions and close the file.
24
IT IS SO ORDERED.
25
26
27
28
Dated: August 24, 2015
______________________________________
DONNA M. RYU
United States Magistrate Judge
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
PARNELL CURTIS,
Case No. 4:15-cv-02679-DMR
Plaintiff,
5
v.
CERTIFICATE OF SERVICE
6
7
F. BELTRAN, et al.,
Defendants.
8
9
10
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
11
12
13
14
15
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.
16
17
18
Parnell Curtis ID: H-09068
31625 Hwy 101 N
Soledad, CA 93960
19
20
Dated: August 24, 2015
21
22
Richard W. Wieking
Clerk, United States District Court
23
24
25
26
27
By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?