Publer

Filing 4

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 6/4/12. (jg, COURT STAFF) (Filed on 6/5/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 ERNESTO PUBLER, 9 Plaintiff, 10 v. 11 UNKNOWN, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) No. C 12-1405 RMW (PR) ORDER OF DISMISSAL On March 20, 2012, Plaintiff, a state prisoner proceeding pro se, filed a letter, which 15 commenced this action. The same day, the clerk notified plaintiff that he had not paid the filing 16 fee, nor had he filed a completed application to proceed in forma pauperis (“IFP”). Along with 17 the deficiency notice, plaintiff was provided with a new IFP application, and instructions for 18 completing it. Plaintiff was cautioned that his failure to either file a completed IFP application 19 or pay the filing fee within thirty days would result in the dismissal of this action. To date, 20 plaintiff has not communicated with the court. Accordingly, the instant action is DISMISSED 21 without prejudice to plaintiff filing a new action in which he either pays the filing fee or files a 22 completed IFP application. The clerk shall enter judgment and close the file. 23 24 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 25 26 27 28 Order of Dismissal G:\PRO-SE\SJ.Rmw\CR.12\Publer405disifp.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ERNESTO PUBLER, Case Number: CV12-01405 RMW Plaintiff, CERTIFICATE OF SERVICE v. UNKNOWN, 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. That on June 5, 2012, 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. Ernesto Publer P-07758 California State Prison A-5 AD Seg. 233-Seg Los Angeles County PO Box 4430 Lancaster, CA 93539 Dated: June 5, 2012 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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