Judd v. Unknown

Filing 7

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 3/6/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 3/7/2013)

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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 KEITH JUDD, 10 11 12 Plaintiff, v. UNKNOWN, 13 Defendants. ) ) ) ) ) ) ) ) ) ) No. C 13-0202 LHK (PR) ORDER OF DISMISSAL 14 15 On January 15, 2013, Plaintiff, proceeding pro se, filed a letter, which commenced this 16 action. In response, the Clerk notified Plaintiff that he had not paid the filing fee, nor had he 17 filed an application to proceed in forma pauperis (“IFP”). Along with the deficiency notice, 18 Plaintiff was provided with an IFP application and instructions for completing it. Plaintiff was 19 further cautioned that his failure to file a completed IFP application, or pay the filing fee within 20 thirty days would result in the dismissal of this action. Plaintiff has since filed a response to the 21 Clerk’s Notice, asserting, inter alia, that the Court lacks the authority to require payment of a 22 filing fee. (Doc. No. 3.) To date, Plaintiff has not paid his filing fee, nor has he filed a 23 completed IFP application. 24 25 26 27 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: 3/6/13 LUCY H. KOH United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.13\Judd202disifp.wpd

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