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)
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
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?