Stewart v. San Quentin State Prison et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 10/12/10. (dlm, COURT STAFF) (Filed on 10/25/2010)

Stewart v. San Quentin State Prison et al

Doc. 6

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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

RICKY LEE STEWART,

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) ) Plaintiff, ) ) vs. ) ) ) SAN QUENTIN STATE PRISON, et ) al., ) Defendants. ) ) )

No. C 10-02960 JF (PR) ORDER OF DISMISSAL

On July 2, 2010, Plaintiff filed a complaint in pro se pursuant to 42 U.S.C. § 1983, and an application to proceed in forma pauperis. However, the application was insufficient because Plaintiff failed to submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer of the institution. (Docket No. 2.) On the same day, the clerk of the Court sent Plaintiff a notice advising him that the action would be dismissed if he did not submit the missing documentation or pay the full filing fee within thirty days of the notice. (See Docket No. 3.) Plaintiff filed another application to proceed in forma pauperis on July 21, 2010, which was also deficient because it did not include the Certificate of Funds. In the interest of justice, the Court granted Plaintiff an extension of time on July 21, 2010, to submit the missing documentation to avoid dismissal of this action within
Order of Dismissal P:\PRO-SE\SJ.JF\CR.10\Stewart02960_dism-ifp.wpd

Dockets.Justia.com

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thirty days of the order. The deadline has passed, and Plaintiff has failed to file the necessary document to complete his in forma pauperis application. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The clerk shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: 10/12/10

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.10\Stewart02960_dism-ifp.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICKY LEE STEWART, Plaintiff, v. SAN QUENTIN STATE PRISON, et al., Defendants. /

Case Number: CV10-02960 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. , I SERVED a true and correct copy(ies) of the That on 10/25/10 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.

Ricky Lee Stewart K91574 Deuel Vocation Institution P.O. Box 600 #238 Tracy, CA 95378 Dated: 10/25/10 Richard W. Wieking, Clerk