McElroy

Filing 4

ORDER OF DISMISSAL. The deadline has since passed, and Plaintiff has not filed a complaint, nor has he paid the filing fee or filed an IFP application. Accordingly, this case is DISMISSED without prejudice for failure to pay thefiling fee. Signed by Judge Edward J. Davila on 10/13/2011. (ecg, COURT STAFF) (Filed on 10/14/2011)

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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 11 For the Northern District of California United States District Court 10 IN RE LATWAHN McELROY, Plaintiff. 12 13 14 ) ) ) ) ) ) ) ) No. C 11-03789 EJD (PR) ORDER OF DISMISSAL 15 16 On August 2, 2011, Plaintiff, a prisoner at the California State Prison - 17 Sacramento, filed a letter with this Court complaining of prison conditions. The 18 same day, the Clerk of the Court sent a notification to Plaintiff that he must file a 19 proper complaint within thirty days to avoid dismissal of the action. (Docket No. 2.) 20 The Clerk also sent a separate notice that he did not pay the filing fee or file an In 21 Forma Pauperis (“IFP”) Application, and that he must do so within thirty days to 22 avoid dismissal of the action. (Docket No. 3.) The deadline has since passed, and 23 Plaintiff has not filed a complaint, nor has he paid the filing fee or filed an IFP 24 application. 25 Accordingly, this case is DISMISSED without prejudice for failure to pay the 26 filing fee. 27 DATED: October 13, 2011 EDWARD J. DAVILA United States District Judge 28 Order of Dismissal 03789McElroy_dism-ifp.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE LATWAHN MCELROY, Case Number: CV11-03789 EJD Plaintiff. 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. 10/14/2011 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. Latwahn McElroy P71922 California State Prison-Sacramento P. O. Box 290066 Represa, CA 95671 Dated: 10/14/2011 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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