Bolton v. City of Berkeley et al

Filing 20

ORDER DISMISSING CASE. Signed by Judge Haywood S. Gilliam, Jr. on 6/14/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 6/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 A. BOLTON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-01466-HSG ORDER DISMISSING CASE v. CITY OF BERKELEY, et al., Defendants. 12 13 Pro se Plaintiff A. Bolton (“Plaintiff”) filed this action on March 17, 2017. Dkt. No. 1. 14 The same day, Plaintiff filed a motion for leave to proceed in forma pauperis (“IFP”). See Dkt. 15 No. 3. On March 27, 2017, Magistrate Judge Sallie Kim denied the motion without prejudice 16 because Plaintiff failed to provide information regarding “the funds from which he receives 17 support, e.g., wages, Social Security, public assistance,” or the “source of income from which 18 [Plaintiff’s] property is maintained or from which Plaintiff is provided a living.” Id. Judge Kim 19 thus found the application incomplete and provided Plaintiff with “one additional opportunity to 20 present a revised application resolving this conflict” by April 27, 2017. Id. The case was then 21 reassigned to this Court on April 4, 2017. Dkt. No. 8. 22 On April 20, 2017, Judge Kim’s order was returned to the Court as undeliverable. Dkt. 23 No. 10. However, on April 24, 2017, the Court sent a new copy of the order to Plaintiff at his 24 request, which has not been returned. See Dkt. No. 11. Nearly two months have elapsed since 25 Plaintiff received Judge Kim’s order, and Plaintiff has failed to file any additional paperwork 26 supporting his IFP application. The action is therefore DISMISSED without prejudice 27 for failure to pay the filing fee or to submit a complete IFP application. Plaintiff may file a new 28 action, but should include a filing fee or an IFP application with a new complaint to commence 1 that new action. Because this action is now dismissed, plaintiff should not file an IFP application 2 or pay the filing fee in this action. The Clerk shall close the file.1 IT IS SO ORDERED. 3 4 Dated: 6/14/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Notwithstanding his failure to pay the filing fee or submit a complete IFP application, Plaintiff has continued to file documents in this action over the past several weeks. No further filings will be accepted in this closed case. 2

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