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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ALBERT L. ADAMS, Case No. 16-cv-06301-DMR (PR) Plaintiff, 11 ORDER OF DISMISSAL WITHOUT PREJUDICE United States District Court Northern District of California v. 12 13 14 15 CORIZON HEALTH MEDICAL PROVIDERS, Defendant. Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Dkt. 1. On 16 November 1, 2016, Plaintiff filed a completed in forma pauperis (“IFP”) application form; 17 however, his certificate of funds was not signed by an authorized officer at the institution of his 18 confinement, and he failed to file a prisoner trust account statement showing transactions for the 19 last six months. Dkt. 2. 20 On the same date, November 1, 2016, the Clerk of the Court notified Plaintiff of the 21 deficiencies in his IFP application and directed him to file the aforementioned necessary 22 documents within twenty-eight days. Dkt. 4. 23 This matter has been assigned to the undersigned Magistrate Judge. Dkt. 3. On November 24 9, 2016, Plaintiff consented to magistrate judge jurisdiction. Dkt. 5. However, he did not file the 25 aforementioned necessary documents within the twenty-eight-day time frame. 26 On December 12, 2016, the Clerk sent a second notice to Plaintiff, again informing him 27 that his IFP application was deficient because of his failure to file the aforementioned necessary 28 documents. Dkt. 6. The Clerk further informed him that his action could not forward until he 1 filed the necessary documents within twenty-eight days, and that his failure to do so would result 2 in dismissal of this action. More than twenty-eight days have passed, and Plaintiff has not filed 3 his certificate of funds (signed by an authorized officer) or his prisoner trust account statement. 4 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff’s IFP 5 application is DENIED as incomplete. The Clerk shall terminate all pending motions and close 6 the file. 7 This Order terminates Docket No. 2. 8 IT IS SO ORDERED. 9 10 United States District Court Northern District of California 11 Dated: February 3, 2017 ______________________________________ DONNA M. RYU United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ALBERT L. ADAMS, Case No. 4:16-cv-06301-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 8 9 10 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 11 12 13 14 15 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. 16 17 18 Albert L. Adams ID: AVR 269 Santa Rita Jail 5325 Broder Blvd. Dublin, CA 94568 19 20 Dated: February 3, 2017 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 3

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