Atterbury v. Stolp
Filing
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ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 9/29/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 9/29/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANNY F. ATTERBURY,
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Plaintiff,
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MIKE STOLP,
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Defendant.
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No. C 11-3878 LHK (PR)
ORDER OF DISMISSAL
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On July 29, 2011, Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to
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42 U.S.C. § 1983. On August 19, 2011, the Clerk notified Plaintiff that he had not paid the filing
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fee, nor had he filed a completed application to proceed in forma pauperis (“IFP”). Along with
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the deficiency notice, Plaintiff was provided with a new IFP application and instructions for
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completing it. Plaintiff was further cautioned that his failure to either file a completed IFP
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application or pay the filing fee within thirty days would result in the dismissal of this action. To
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date, Plaintiff has not communicated with the Court. Accordingly, the instant action is
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DISMISSED without prejudice to Plaintiff filing a new action in which he either pays the filing
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fee or files a completed IFP application. The Clerk shall enter judgment and close the file.
IT IS SO ORDERED.
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Dated:
9/29/11
LUCY H. KOH
United States District Judge
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Order of Dismissal Without Prejudice
P:\PRO-SE\SJ.LHK\CR.11\Atterbury878disifp.wpd
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