Gerrod v. California Department of Correction et al

Filing 7

ORDER OF DISMISSAL. In the interest of justice, the Court granted Plaintiff a second extension of time to file a complete IFP application, such that a response was due on later than May 17, 2012. The deadline has since passed, and Plaintiff has failed to comply. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. Signed by Judge Edward J. Davila on 5/31/2012. (ecg, COURT STAFF) (Filed on 6/1/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-00389 EJD (PR)

GERROD HERNDON,

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Plaintiff.
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vs.
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CA DEPT. OF CORRECTIONS, et al., )
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Defendants.
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ORDER OF DISMISSAL

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On January 25, 2012, Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983. On

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the same day, the Clerk sent Plaintiff a notice that his In Forma Pauperis (“IFP”)

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Application was insufficient because he did not submit a Certificate of Funds in

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Prisoner’s account completed and signed by an authorized prison official and he did not

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attach a copy of his prisoner trust account statement showing transactions for the last six

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months. (See Docket No. 3.)

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Plaintiff filed a second IFP motion on February 14, 2012, which was also deficient

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for the same reasons as the first. (See Docket No. 5.) In the interest of justice, the Court

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granted Plaintiff a second extension of time to file a complete IFP application, such that a

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response was due on later than May 17, 2012. (See Docket No. 6.) The deadline has

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since passed, and Plaintiff has failed to comply. Accordingly, this case is DISMISSED

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without prejudice for failure to pay the filing fee.

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DATED:

5/31/2012

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
00389Herndon_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GERROD L. HERNDON,

Case Number: CV12-00389 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
CA DEPT. OF CORRECTIONS, 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.
6/1/2012
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.

Gerrod Herndon T-62827
California Medical Facility
P. O. Box 2000
Vacaville, CA 95696
Dated:

6/1/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk