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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT BANUELOS MEZA,
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Case No. 16-cv-06904 NC (PR)

Plaintiff,

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ORDER OF DISMISSAL

v.

United States District Court
Northern District of California

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FERNY BATMAN, et al.,

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Defendants.

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On November 30, 2016, Plaintiff, proceeding pro se, filed a federal civil rights

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complaint pursuant to 42 U.S.C. § 1983. 1 That same day, the court sent a notification to

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Plaintiff, informing him that he did not pay the filing fee, and his application to proceed in

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forma pauperis (“IFP”) was incomplete. Specifically, the notification informed Plaintiff

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that he did not submit the proper IFP form, did not submit a Certificate of Funds signed by

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an authorized officer at his institution, and did not submit a copy of his prisoner trust

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account. The court also provided Plaintiff with a blank IFP application, along with a

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return envelope, and a notification that the case would be dismissed if he failed to pay the

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fee, or file a completed application with supporting documentation within twenty-eight

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Plaintiff has consented to magistrate judge jurisdiction. (Docket No. 5.)

Case No. 16-cv-06904 NC (PR)
ORDER OF DISMISSAL

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days.
On December 12, 2016, Plaintiff filed a motion to proceed IFP, and attached an

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incomplete Certificate of Funds. On January 25, 2017, the court sent a second notification

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to Plaintiff, informing Plaintiff that he must submit a Certificate of Funds signed by an

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authorized officer, as well as a six-month statement of Plaintiff’s trust account within

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twenty-eight days. On February 10, 2017, the court received an incomplete Certificate of

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Funds, signed by Plaintiff, but not by an authorized officer from his institution.

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United States District Court
Northern District of California

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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.

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DATED:

February 27, 2017

NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 16-cv-06904 NC (PR)
ORDER OF DISMISSAL

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