Moten v. Moss et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Hon. Lucy H. Koh on 11/12/2015. (sms, COURT STAFF) (Filed on 11/13/2015) **THE CLERK SHALL CLOSE THE CASE FILE** Modified on 11/13/2015 (sms, 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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JESSE T. MOTEN,
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Plaintiff,
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v.
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S. MOSS, et al.,
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Defendants.
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No. C 15-4555 LHK (PR)
ORDER OF DISMISSAL

On October 2, 2015, 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 he

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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. To date,

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plaintiff has not paid his filing fee, filed a completed IFP application, or filed a complaint.

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Thus, the instant action is DISMISSED without prejudice.

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The clerk shall enter judgment and close the file. The clerk is also directed to send an

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electronic copy of plaintiff’s original letter with attachments (docket nos. 1 and 2), and a copy of

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this order to the courtroom deputy of Judge Thelton Henderson.
Order of Dismissal
P:\PRO-SE\LHK\CR.15\Moten555disifpcomp.wpd

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IT IS SO ORDERED.
DATED: 11/12/2015
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\CR.15\Moten555disifpcomp.wpd

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