Smith v. Unknown

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 6/5/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 6/6/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY SMITH,
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Plaintiff,
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v.
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UNKNOWN,
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Defendant.
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No. C 13-1057 LHK (PR)
ORDER OF DISMISSAL

On March 7, 2013, Plaintiff, proceeding pro se, filed a letter which commenced this

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action. The same day, the Clerk notified Plaintiff that he had not paid the filing fee, nor had he

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filed an application to proceed in forma pauperis (“IFP”). The Clerk also notified Plaintiff that

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he failed to submit a complaint. Along with the deficiency notices, Plaintiff was provided with a

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new IFP application and instructions for completing it. Plaintiff was further cautioned that his

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failure to either file a completed IFP application or pay the filing fee within twenty-eight days

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would result in the dismissal of this action. In addition, Plaintiff was advised that his failure to

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file a complaint within twenty-eight days would result in the dismissal of this action.

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On April 22, 2013, the Court re-sent the notices and sua sponte granted Plaintiff an

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extension of time after the original notices were returned from the prison because the prison

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could not identify Plaintiff. To date, Plaintiff has not communicated with the Court.

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Thus, the instant action is DISMISSED without prejudice. The Clerk shall enter

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judgment and close the file. The Clerk is also directed to send an electronic copy of Plaintiff’s
Order of Dismissal
G:\PRO-SE\LHK\CR.13\Smith057disifpcomp.wpd

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original letter (Doc. No. 1), and a copy of this order to the courtroom deputy of Judge Thelton

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Henderson.

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IT IS SO ORDERED.
DATED:

6/5/13
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\LHK\CR.13\Smith057disifpcomp.wpd

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