Alford v. Bien et al

Filing 4

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 10/22/09. (dlm, COURT STAFF) (Filed on 11/5/2009)

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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICKEY LOUIS ALFORD, Plaintiff, vs. MICHAEL BIEN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-03064 JF (PR) ORDER OF DISMISSAL (Docket No. 2) On July 8, 2009, Plaintiff, a state prisoner, filed the instant civil rights action pursuant to 42 U.S.C. § 1983, and a motion for leave to proceed in forma pauperis. (Docket No. 2.) On the same day, the clerk of the Court sent a notification to Plaintiff that his In Forma Pauperis application was deficient because Plaintiff failed to submit a Certificate of Funds in Prisoner's Account and a copy of his prisoner trust account statement showing transactions for the last six months. (Docket No. 3.) The notification included the warning that the case would be dismissed if Plaintiff failed to respond within thirty days. The deadline has since passed, and Plaintiff has not paid the filing fee nor filed a completed in forma pauperis application. Accordingly, this case is Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Alford03064_dism-ifpdef.wpd 1 2 3 4 5 6 7 8 9 10 DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall terminate any pending motions and close the file. IT IS SO ORDERED. 10/22/09 DATED: JEREMY FOGEL United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Alford03064_dism-ifpdef.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICKEY L. ALFORD, Plaintiff, v. MICHAEL BIEN, et al., Defendants. / Case Number: CV09-03064 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. 11/5/09 , 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. Rickey Louis Alford J39242 CA State Prison-Los Angeles County PO Box 4670 Lancaster, CA 93539 Dated: 11/5/09 Richard W. Wieking, Clerk

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