DeRouen v. David et al

Filing 9

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 4/16/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 4/17/2014)

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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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ERIC DAYTON DEROUEN,

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Plaintiff,
v.
DR. CLARENE DAVID, et al.,

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Defendants.

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Case No. C 14-1080 LHK (PR)
ORDER OF DISMISSAL

On March 7, 2014, plaintiff, proceeding pro se, filed a federal civil rights complaint

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pursuant to 42 U.S.C. § 1983.1 The same day, the clerk notified plaintiff that he had not paid the

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filing fee, nor had he filed an application to proceed in forma pauperis (“IFP”). Along with the

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deficiency notice, plaintiff was provided with an IFP application and instructions for completing

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it. Plaintiff was further cautioned that his failure to either file a completed IFP application or pay
the filing fee within twenty-eight days would result in the dismissal of this action. On March 27,
2014, plaintiff filed a letter in which he stated that the filing fee would be paid in full because
plaintiff was to be released prior to the deadline. More than twenty-eight days have passed and

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This action was reassigned to this court on April 2, 2014, after plaintiff failed to consent
to magistrate judge jurisdiction. (Docket No. 5.)
Order of Dismissal
P:\PRO-SE\LHK\CR.14\DeRouen080disifp.wpd

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plaintiff has not paid his filing fee, filed a completed IFP application, or made any further

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contact with the court.

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Thus, 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:

4/16/14
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\CR.14\DeRouen080disifp.wpd

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