Gates

Filing 7

ORDER OF DISMISSAL. That complaint is DISMISSED without prejudice to Plaintiff George Carlos Collado filing it as a separate action, and being subject to separate filing fees. With respect to Plaintiff Gates, the deadline has since passed, and Plaint iff has not filed a complaint, nor paid the filing fee or filed an IFP application. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk of the Court shall send a copy of this order and corresponding judgment to both Plaintiffs listed in this action. Signed by Judge Edward J. Davila on 9/9/2011. (ecg, COURT STAFF) (Filed on 9/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DAVID MARSHALL GATES, et al., )
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Plaintiffs,
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vs.
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CALIFORNIA MEDICAL
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FACILITY WARDEN,
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Defendant.
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No. C 11-03488 EJD (PR)
ORDER OF DISMISSAL

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On July 15, 2011, Plaintiff David M. Gates, a state prisoner proceeding pro

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se, filed a letter which the Clerk opened as a civil rights action pursuant to 42 U.S.C.

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§ 1983. The same day, the Clerk of the Court sent a notification to Plaintiff that he

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must submit a complaint within thirty days or the action would be dismissed. (See

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Docket No. 2.) The Clerk also sent him a separate notification that he had failed to

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pay the filing fee or file an In Forma Pauperis (“IFP”). (See Docket No. 3.)

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Plaintiff was advised to pay the filing fee or file an IFP application within thirty days

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to avoid dismissal of the action. (Id.)

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On July 29, 2011, a complaint was filed in this matter but by a different

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Plaintiff. (See Docket No. 5.) That complaint is DISMISSED without prejudice to

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Plaintiff George Carlos Collado filing it as a separate action, and being subject to
Order of Dismissal
P:\PRO-SE\SJ.EJD\CR.11\03488Gates_dism-ifp.wpd

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separate filing fees.
With respect to Plaintiff Gates, the deadline has since passed, and Plaintiff

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has not filed a complaint, nor paid the filing fee or filed an IFP application.

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Accordingly, this case is DISMISSED without prejudice for failure to pay the filing

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fee.

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The Clerk of the Court shall send a copy of this order and corresponding
judgment to both Plaintiffs listed in this action.

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DATED:

September 9, 2011

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order of Dismissal
P:\PRO-SE\SJ.EJD\CR.11\03488Gates_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DAVID M. GATES, et al.,

Case Number: CV11-03488 EJD

Plaintiffs,

CERTIFICATE OF SERVICE

v.
CALIFORNIA MEDICAL FACILITY
WARDEN,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
9/13/2011
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.

David Marshall Gates J-60908
California Medical Facility (CMF)
P. O. Box 2000
Vacaville, CA 95687
George Carlos Collado F61702
California Medical Facility
P. O. Box 2000
Vacaville, CA 95687
Dated:

9/13/2011
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk