Cortez v. Gonzalez et al

Filing 9

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 6/5/09. (dlm, COURT STAFF) (Filed on 6/19/2009)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

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JUAN J. CORTEZ, Plaintiff, vs. MILTON GONZALEZ, et al., Defendants.

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No. C 09-01029 JF (PR) ORDER OF DISMISSAL

Plaintiff, a state prisoner, filed the instant civil rights action pursuant to 42 U.S.C. § 1983. The matter was transferred to this Court from the Eastern District on March 6, 2009. (Docket No. 6.) On March 16,2009, the clerk of the Court sent a notification to Plaintiff that the complaint was deficient because he did not pay the filing fee or file an In Forma Pauperis Application. (Docket No. 8) The notification included the warning that the case would be dismissed if Plaintiff failed to respond within thirty days of the notice by either paying the filing fee or filing an application to proceed in forma pauperis. Id. The deadline as since passed, and Plaintiff has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to pay the
Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Cortez01029_dism-ifpdef.wpd

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filing fee or file a completed in forma pauperis application. IT IS SO ORDERED. DATED:
6/5/09

JEREMY FOGEL United States District Judge

United States District Court

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For the Northern District of California

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Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Cortez01029_dism-ifpdef.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JUAN J. CORTEZ, Plaintiff, v. MILTON GONZALEZ, et al., Defendants. /

Case Number: CV09-01029 JF CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 6/19/09 , I SERVED a true and correct copy(ies) of the That on 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.

Juan J. Cortez V-22545 CALIFORNIA STATE PRISON, CORCORAN (3471) P.O. BOX 3471 CORCORAN, CA 93212-3471 Dated: 6/19/09 Richard W. Wieking, Clerk