Gates v. California Medical Facility

Filing 4

ORDER OF DISMISSAL. The notice included the warning that Plaintiff must respond within twenty-eight days to avoid dismissal of this action. The deadline has since passed, and Plaintiff has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. Signed by Judge Edward J. Davila on 10/18/2013. (ecg, COURT STAFF) (Filed on 10/18/2013)

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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 10 11 12 13 14 15 No. C 13-03781 EJD (PR) DAVID MARSHALL GATES, ) ) Plaintiff, ) ) v. ) ) ) CALIFORNIA MEDICAL FACILITY, ) ) Defendant. ) ) ) ORDER OF DISMISSAL 16 17 On August 14,2 013, Plaintiff filed a complaint in pro se pursuant to 42 U.S.C. ยง 18 1983. On the same day, the Clerk sent Plaintiff notice that the action was deficient 19 because he did not file an In Forma Pauperis application or pay the full filing fee. (See 20 Docket No. 3.) The notice included the warning that Plaintiff must respond within 21 twenty-eight days to avoid dismissal of this action. (Id.) 22 23 The deadline has since passed, and Plaintiff has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. 24 25 DATED: 10/18/2013 EDWARD J. DAVILA United States District Judge 26 27 28 Order of Dismissal 03781Gates_dism-ifp.wpd 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DAVID MARSHALL GATES, Case Number: CV13-03781 EJD Plaintiff, CERTIFICATE OF SERVICE v. CALIFORNIA MEDICAL FACILITY, 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. 10/18/2013 That on , 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. David Marshall Gates J-60908 California Medical Facility (CMF) 1600 California Dr. Vacaville, CA 95687 Dated: 10/18/2013 Richard W. Wieking, Clerk /s/By: Elizabeth Garcia, Deputy Clerk

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