Olivier v. Kernan

Filing 7

ORDER OF DISMISSAL (CERTIFICATE OF SERVICE ATTACHED), ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/5/17. (napS, COURT STAFF) (Filed on 10/5/2017)

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1 2 3 4 UNITED STATES D DISTRICT C COURT 5 NORTHER DISTRIC OF CAL N RN CT LIFORNIA 6 7 MAURICE P. OLIVIER, M P , Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 17-cv-0495 53-PJH ORDER O DISMISS OF SAL v. Re: Dkt. N 5 No. SCOTT KER RNAN, Defendant. This ca was op ase pened when plaintiff wr n rote a letter to the cou regarding prison r urt g 13 conditions. In an effort to protect his rights, it w filed as a new case. Plaintif was n was s ff 14 info ormed that he had not filed a com t mplaint and was given twenty-eig days to do so. He d n ght 15 als was sent a notice th he had not paid the filing fee o applied f leave to proceed in so t hat e or for o n 16 for rma pauper (“IFP”); again, he was allowed twenty-eig days to either pay t fee or ris a w ght the 17 file the applica e ation. A co of the court's form for applica opy ations to pro oceed IFP w was 18 pro ovided with the notice, along with a return en , h nvelope. 19 The tw wenty-eight days has passed and plaintiff has filed a co p omplaint but he has no t ot 20 paid the filing fee or filed an IFP application. T d This case is therefore DISMISSE without s ED 21 pre ejudice. Th motion to relate the case (Doc he o cket No. 5) i DENIED as moot. T clerk is The 22 sha close the file. all e 23 24 IT IS SO ORDER S RED. Da ated: Octob 5, 2017 ber 25 26 27 28 PH HYLLIS J. H HAMILTON N Un nited States District Ju s udge \\can ndoak.cand.circ9 9.dcn\data\users\PJHALL\_psp\2 2017\2017_04953 3_Olivier_v_Kern nan_(PSP)\17-cv v-04953-PJH-dis s_ifp.docx 1 2 UNITED STATES D DISTRICT C COURT 3 NORTHER DISTRIC OF CAL N RN CT LIFORNIA 4 5 MAURICE P. OLIVIER, M P , Case No. 17-cv-049 953-PJH Plaintiff, 6 v. CERTIFIC CATE OF S SERVICE 7 8 SCOTT KER RNAN, Defendant. 9 10 United States District Court Northern District of California 11 12 13 14 15 I, the undersigned hereby ce u d, ertify that I am an emp ployee in th Office of the Clerk, he f U.S District Court, North S. C hern Distric of Californ ct nia. That on October 6, 2017, I SERVED a t 6 S true and co orrect copy( (ies) of the attached, by placing said copy(ies) in a posta paid en velope add age dressed to t person( the (s) hereinafter lis sted, by dep positing said envelope in the U.S. Mail, or by placing sa d e y aid copy(ies) into an inter-of o ffice deliver receptaclle located in the Clerk office. ry k's 16 17 18 aurice P. Olivier ID: F8 83603 Ma Va alley State Prison P 21633 Avenue 24 Ch howchilla, CA 93610 C 19 20 21 ated: October 6, 2017 Da 22 23 Susan Y. So oong Clerk, United States Dis d strict Court C 24 25 26 27 y:________ _________ _________ By Nichole Peric Deputy C c, Clerk to the e Honorable P PHYLLIS J. HAMILTON N 28 2

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