Atterbury v. Stolp

Filing 3

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)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 DANNY F. ATTERBURY, 10 11 12 Plaintiff, v. MIKE STOLP, 13 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 11-3878 LHK (PR) ORDER OF DISMISSAL 14 On July 29, 2011, Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 15 16 42 U.S.C. § 1983. On August 19, 2011, the Clerk notified Plaintiff that he had not paid the filing 17 fee, nor had he filed a completed application to proceed in forma pauperis (“IFP”). Along with 18 the deficiency notice, Plaintiff was provided with a new IFP application and instructions for 19 completing it. Plaintiff was further cautioned that his failure to either file a completed IFP 20 application or pay the filing fee within thirty days would result in the dismissal of this action. To 21 date, Plaintiff has not communicated with the Court. Accordingly, the instant action is 22 DISMISSED without prejudice to Plaintiff filing a new action in which he either pays the filing 23 fee or files a completed IFP application. The Clerk shall enter judgment and close the file. IT IS SO ORDERED. 24 25 Dated: 9/29/11 LUCY H. KOH United States District Judge 26 27 28 Order of Dismissal Without Prejudice P:\PRO-SE\SJ.LHK\CR.11\Atterbury878disifp.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?