Lopez v. Cash

Filing 24

ORDER OF DISMISSAL. The Court granted Plaintiff two additional extensions of time in the interest of justice, with the last order filed on March 19, 2012, granting Plaintiff another thirty days to complete his IFP application, i.e., no later than Apr il 18, 2012. The deadline has since passed, and Plaintiff has neither paid the filing fee nor filed the necessary documents to complete his IFP application. On April 25, 2012, Plaintiff filed a letter indicating that he has failed to acquire the nece ssary document and that he would no longer be filing any matters in this case. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. Signed by Judge Edward J. Davila on 5/4/2012. (ecg, COURT STAFF) (Filed on 5/4/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 DARRELL LEE LOPEZ, Plaintiff, 12 13 v. 14 CASH, et al., 15 Defendants. 16 No. C 11-02736 EJD (PR) ) ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL 17 18 On June 7, 2011, Plaintiff initiated the instant civil rights action in pro se pursuant 19 to 42 U.S.C. § 1983, by filing a letter asserting violations of his constitutional rights. On 20 the same day, the Clerk sent Plaintiff notice that he must either pay the filing fee or file an 21 In Forma Pauperis (“IFP”) Application to proceed with this action. (Docket No. 3.) 22 Plaintiff thereafter filed an IFP application which was deficient because the attached 23 Certificate of Funds in Prisoner’s Account was not completed by an authorized prison 24 official. (Docket No. 6.) On October 21, 2011, in the interest of justice, the Court 25 granted Plaintiff an extension of time to file a completed Certificate of Funds in 26 Prisoner’s Account to complete his IFP application. (See Docket No. 12.) Thereafter, the 27 Court granted Plaintiff two additional extensions of time in the interest of justice, with the 28 last order filed on March 19, 2012, granting Plaintiff another thirty days to complete his Order of Dismissal 02736Lopez_dism-ifp.wpd 1 1 2 IFP application, i.e., no later than April 18, 2012. (See Docket No. 21.) The deadline has since passed, and Plaintiff has neither paid the filing fee nor filed 3 the necessary documents to complete his IFP application. On April 25, 2012, Plaintiff 4 filed a letter indicating that he has failed to acquire the necessary document and that he 5 would no longer be filing any matters in this case. (Docket No. 23.) 6 7 Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. 8 9 DATED: 5/3/2012 EDWARD J. DAVILA United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal 02736Lopez_dism-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARRELL LEE LOPEZ, Case Number: CV11-02736 EJD Plaintiff, CERTIFICATE OF SERVICE v. CASH, et al., Defendants. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 5/4/2012 That on , I SERVED a true and correct copy(ies) of the 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. Darrell Lee Lopez V79290 Pelican Bay State Prison P. O. Box 7500 Crescent City, CA 95532 Dated: 5/4/2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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