Herndon v. BPT

Filing 4

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 11/30/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/30/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERROD HERNDON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-05886-HSG (PR) ORDER OF DISMISSAL v. UNKNOWN, Defendant. 12 13 Plaintiff has failed to comply with the Court’s order to (1) perfect his application to 14 proceed in forma pauperis (“IFP”), or (2) pay the filing fee of $400.00. The IFP application is 15 incomplete because plaintiff failed to file a Certificate of Funds completed and signed by an 16 authorized prison officer, and a prison trust account statement detailing transactions for the last six 17 months. Accordingly, the action is DISMISSED without prejudice for failure to respond to the 18 Court’s order and for failure to prosecute under Federal Rule of Civil Procedure 41(b). Any 19 motion to reopen must contain the documents listed above or full payment for the filing fee. 20 Plaintiff’s IFP application (Docket No. 3) is DENIED without prejudice. The Clerk shall 21 terminate Docket Nos. 3, enter judgment, and close the file. 22 23 IT IS SO ORDERED. Dated: 11/30/2017 24 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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