Miller v. The Superior Court et al

Filing 8

ORDER OF DISMISSAL. Signed by Judge Paul S. Grewal on 9/26/2013. (ofr, COURT STAFF) (Filed on 9/26/2013) (Additional attachment(s) added on 9/26/2013: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BRUCE WAYNE MILLER,

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Plaintiff,
v.
THE SUPERIOR COURT, et al.,
Defendants.

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Case No. C 13-3638 PSG (PR)
ORDER OF DISMISSAL

On July 26, 2013, plaintiff, proceeding pro se, filed in the Eastern District of California a

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civil rights complaint, pursuant to 42 U.S.C. § 1983. That same day, plaintiff also filed an

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incomplete application to proceed in forma pauperis (“IFP”). On August 5, 2013, the Eastern

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District of California transferred this action to the Northern District of California. The following

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day, the Clerk notified plaintiff that he had not paid the filing fee, nor had he filed a complete

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application to proceed IFP. Along with the deficiency notice, plaintiff was provided with an IFP

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application and instructions for completing it. Plaintiff was further cautioned that his failure to

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file a complete IFP application, or pay the filing fee within twenty-eight days would result in the

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dismissal of this action. On August 26, 2013, plaintiff consented to proceeding before a

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magistrate judge. However, to date, plaintiff has not paid his filing fee, nor has he filed a

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complete IFP application.
Case No. C 13-3638 PSG (PR)
ORDER OF DISMISSAL

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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: September 26, 2013

PAUL S. GREWAL
United States Magistrate Judge

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Case No. C 13-3638 PSG (PR)
ORDER OF DISMISSAL

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