Adams v. Corizon Health Medical Providers

Filing 7

ORDER DISMISSING CASE WIHTOUT PREJUDICE AND DENYING PLAINTIFF'S IN FORMA PAUPERIS 2 . Motions terminated: 2 Motion for Leave to Proceed in forma pauperis filed by Albert L. Adams. Signed by Magistrate Judge Donna M. Ryu on 2/3/17. (ig, COURT STAFF) (Filed on 2/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT L. ADAMS,

Case No. 16-cv-06301-DMR (PR)

Plaintiff,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

United States District Court
Northern District of California

v.
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CORIZON HEALTH MEDICAL
PROVIDERS,
Defendant.
Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Dkt. 1. On

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November 1, 2016, Plaintiff filed a completed in forma pauperis (“IFP”) application form;

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however, his certificate of funds was not signed by an authorized officer at the institution of his

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confinement, and he failed to file a prisoner trust account statement showing transactions for the

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last six months. Dkt. 2.

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On the same date, November 1, 2016, the Clerk of the Court notified Plaintiff of the

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deficiencies in his IFP application and directed him to file the aforementioned necessary

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documents within twenty-eight days. Dkt. 4.

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This matter has been assigned to the undersigned Magistrate Judge. Dkt. 3. On November

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9, 2016, Plaintiff consented to magistrate judge jurisdiction. Dkt. 5. However, he did not file the

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aforementioned necessary documents within the twenty-eight-day time frame.

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On December 12, 2016, the Clerk sent a second notice to Plaintiff, again informing him

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that his IFP application was deficient because of his failure to file the aforementioned necessary

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documents. Dkt. 6. The Clerk further informed him that his action could not forward until he

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filed the necessary documents within twenty-eight days, and that his failure to do so would result

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in dismissal of this action. More than twenty-eight days have passed, and Plaintiff has not filed

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his certificate of funds (signed by an authorized officer) or his prisoner trust account statement.

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

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application is DENIED as incomplete. The Clerk shall terminate all pending motions and close

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the file.

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This Order terminates Docket No. 2.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: February 3, 2017
______________________________________
DONNA M. RYU
United States Magistrate Judge

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2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT L. ADAMS,

Case No. 4:16-cv-06301-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CORIZON HEALTH MEDICAL
PROVIDERS,
Defendant.
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 February 3, 2017, I SERVED a true and correct copy(ies) of the attached, 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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Albert L. Adams ID: AVR 269
Santa Rita Jail
5325 Broder Blvd.
Dublin, CA 94568

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Dated: February 3, 2017

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Susan Y. Soong
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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