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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UNITED STATES D
DISTRICT C
COURT
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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA
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MAURICE P. OLIVIER,
M
P
,
Plaintiff,
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United States District Court
Northern District of California
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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
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conditions. In an effort to protect his rights, it w filed as a new case. Plaintif was
n
was
s
ff
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info
ormed that he had not filed a com
t
mplaint and was given twenty-eig days to do so. He
d
n
ght
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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
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for
rma pauper (“IFP”); again, he was allowed twenty-eig days to either pay t fee or
ris
a
w
ght
the
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file the applica
e
ation. A co of the court's form for applica
opy
ations to pro
oceed IFP w
was
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pro
ovided with the notice, along with a return en
,
h
nvelope.
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The tw
wenty-eight days has passed and plaintiff has filed a co
p
omplaint but he has no
t
ot
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paid the filing fee or filed an IFP application. T
d
This case is therefore DISMISSE without
s
ED
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pre
ejudice. Th motion to relate the case (Doc
he
o
cket No. 5) i DENIED as moot. T clerk
is
The
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sha close the file.
all
e
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IT IS SO ORDER
S
RED.
Da
ated: Octob 5, 2017
ber
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge
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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
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UNITED STATES D
DISTRICT C
COURT
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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA
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MAURICE P. OLIVIER,
M
P
,
Case No. 17-cv-049
953-PJH
Plaintiff,
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v.
CERTIFIC
CATE OF S
SERVICE
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SCOTT KER
RNAN,
Defendant.
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United States District Court
Northern District of California
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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
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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
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aurice P. Olivier ID: F8
83603
Ma
Va
alley State Prison
P
21633 Avenue 24
Ch
howchilla, CA 93610
C
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ated: October 6, 2017
Da
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Susan Y. So
oong
Clerk, United States Dis
d
strict Court
C
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y:________
_________
_________
By
Nichole Peric Deputy C
c,
Clerk to the
e
Honorable P
PHYLLIS J. HAMILTON
N
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