Leyva v. Santa Clara County

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE. The clerk shall terminate all pending motions, enter judgment, and close the file. Signed by Judge Hon. Lucy H. Koh on 3/11/2015. (sms, COURT STAFF) (Filed on 3/11/2015)

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2 3 FILED 4 ~iA~ 5 1 ., 2015 RICHARD W. Vili;KiNG CLERK U.S. DISTRICT COURT NORTHERN DISTRICT OF CAUFvi1NIA SAN JOSE 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA IO SAN JOSE DIVISION II JAVIER JOEL LEYVA, I2 13 Plaintiff, v. ) ) ) ) ) ) ) ) ) I4 SANTA CLARA COUNTY, I5 Case No. C I5-0293 LHK (PR) ORDER OF DISMISSAL Defendant. _________________________ ) I6 I7 On January 2I, 20 I5, plaintiff, proceeding pro se, filed a federal civil rights action and a I8 motion to proceed in forma pauperis ("IFP"). That same day, the clerk notified plaintiffthat he I9 had not paid the filing fee, and his motion to proceed IFP was incomplete. (Docket No.3.) 20 Along with the deficiency notice, plaintiff was provided with a blank IFP application and 2I instructions for completing it. Plaintiffwas further cautioned that his failure to file a completed 22 IFP application or pay the filing fee within twenty-eight days would result in the dismissal of this 23 action.' More than twenty-eight days have passed and plaintiff has not paid his filing fee or filed 24 a completed IFP application. Thus, the instant action is DISMISSED without prejudice. The 25 clerk shall terminate all pending motions, enter judgment, and close the file. 26 27 28 1 On March 5, 20I5, this action was reassigned to the undersigned judge. Order of Dismissal P:\PRO-SE\LHK\CR.l5\Leyva293disifp. wpd IT IS SO ORDERED. 2 DATED: ~fJ./Ut 3,((,20{5" LUCYH OH United States District Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal P:\PRO-SE\LHK\CR.15\Leyva293disifp. wpd 2

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