Arteaga v. Morfin

Filing 5

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 4/25/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/25/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SERGIO GARCIA ARTEAGA, 9 Case No. 17-cv-01288 NC (PR) Plaintiff, 10 ORDER OF DISMISSAL v. United States District Court Northern District of California 11 J. MORFIN, 12 Defendant. 13 14 15 On March 10, 2017, 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 the IFP application he submitted was missing a page and that he did not submit a 20 Certificate of Funds in Prisoner’s Account form or a copy of his prisoner trust account. 21 The Court also provided Plaintiff with a copy of the IFP application he submitted, and 22 included a blank Certificate of Funds in Prisoner’s Account form, along with a return 23 envelope, and a notification that the case would be dismissed if he failed to pay the fee, or 24 1 25 26 27 28 Plaintiff has consented to magistrate judge jurisdiction. Dkt. No. 4. Case No. 17-cv-01288 NC (PR) ORDER OF DISMISSAL 1 1 file a completed application with supporting documentation within twenty-eight days. 2 More than twenty-eight days have passed and Plaintiff has not paid the fee, filed a 3 completed application to proceed IFP, or otherwise communicated with the Court. 4 5 Accordingly, the case is DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the file. 6 IT IS SO ORDERED. 7 8 DATED: April 25, 2017 NATHANAEL M. COUSINS United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-cv-01288 NC (PR) ORDER OF DISMISSAL 2

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