Meza v. Batman

Filing 9

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 2/27/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 2/27/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 ROBERT BANUELOS MEZA, 9 Case No. 16-cv-06904 NC (PR) Plaintiff, 10 ORDER OF DISMISSAL v. United States District Court Northern District of California 11 FERNY BATMAN, et al., 12 Defendants. 13 14 15 On November 30, 2016, Plaintiff, proceeding pro se, filed a federal civil rights 16 complaint pursuant to 42 U.S.C. § 1983. 1 That same day, the court sent a notification to 17 Plaintiff, informing him that he did not pay the filing fee, and his application to proceed in 18 forma pauperis (“IFP”) was incomplete. Specifically, the notification informed Plaintiff 19 that he did not submit the proper IFP form, did not submit a Certificate of Funds signed by 20 an authorized officer at his institution, and did not submit a copy of his prisoner trust 21 account. The court also provided Plaintiff with a blank IFP application, along with a 22 return envelope, and a notification that the case would be dismissed if he failed to pay the 23 fee, or file a completed application with supporting documentation within twenty-eight 24 1 25 26 27 28 Plaintiff has consented to magistrate judge jurisdiction. (Docket No. 5.) Case No. 16-cv-06904 NC (PR) ORDER OF DISMISSAL 1 1 2 days. On December 12, 2016, Plaintiff filed a motion to proceed IFP, and attached an 3 incomplete Certificate of Funds. On January 25, 2017, the court sent a second notification 4 to Plaintiff, informing Plaintiff that he must submit a Certificate of Funds signed by an 5 authorized officer, as well as a six-month statement of Plaintiff’s trust account within 6 twenty-eight days. On February 10, 2017, the court received an incomplete Certificate of 7 Funds, signed by Plaintiff, but not by an authorized officer from his institution. 8 9 10 United States District Court Northern District of California 11 12 Although the court sent Plaintiff two deficiency notices regarding Plaintiff’s application to proceed IFP, Plaintiff has not submitted a complete application within the deadline. Accordingly, the case is DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the file. IT IS SO ORDERED. 13 14 DATED: February 27, 2017 NATHANAEL M. COUSINS United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 16-cv-06904 NC (PR) ORDER OF DISMISSAL 2

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