Adams v. San Francisco Police Department et al

Filing 7

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 11/15/12. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 11/15/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 CHARLES E. ADAMS, 10 11 12 Plaintiff, v. SAN FRANCISCO POLICE DEPARTMENT, et al., 13 Defendants. ) ) ) ) ) ) ) ) ) ) No. C 12-3729 LHK (PR) ORDER OF DISMISSAL 14 15 On July 17, 2012, Plaintiff, proceeding pro se, filed a complaint pursuant to 42 U.S.C. 16 § 1983. The same day, the Clerk notified Plaintiff that he had not paid the filing fee, nor had he 17 filed a complete application to proceed in forma pauperis (“IFP”). Along with the deficiency 18 notice, Plaintiff was provided with a IFP application and instructions for completing it. Plaintiff 19 was further cautioned that his failure to either file a completed IFP application or pay the filing 20 fee within thirty days would result in the dismissal of this action. 21 On July 30, 2012, mail sent from the Court to Plaintiff was returned as undeliverable 22 because Plaintiff had been released from custody. On September 6, 2012, the Court ordered 23 Plaintiff to notify the Court of his current address and indicate whether he intended to continue 24 to prosecute this case within twenty days. On September 20, 2012, Prisoner Legal Services 25 provided Plaintiff’s current address in response to the Court’s order. On October 9, 2012, the 26 Clerk again mailed notice to Plaintiff regarding his still deficient IFP application, which warned 27 Plaintiff that the failure to file a completed IFP application or pay the filing fee within thirty days 28 would result in dismissal. Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Adams729disifp.wpd 1 2 3 4 5 6 To date, Plaintiff has not indicated whether he wishes to continue to prosecute this action. Moreover, Plaintiff has not filed a completed IFP application nor paid the filing fee. Accordingly, the instant action is DISMISSED without prejudice. The Clerk shall terminate all pending motions, enter judgment, and close the file. IT IS SO ORDERED. DATED: 11/15/12 LUCY H. KOH United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Adams729disifp.wpd 2

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