Harris

Filing 8

ORDER OF DISMISSAL. This action is DISMISSED Without Prejudice. THE CLERK SHALL TERMINATE ALL PENDING MOTIONS AND CLOSE THE FILE. Signed by Judge Edward J. Davila on 6/1/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 6/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE DARREN HARRIS,
United States District Court
Northern District of California

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Plaintiff.

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Case No. 17-01306 EJD (PR)
ORDER OF DISMISSAL

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On March 13, 2017, Plaintiff, a California state prisoner, filed a letter which was

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construed as an attempt to file a pro se civil rights action pursuant to 42 U.S.C. § 1983. 1

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The Clerk sent Plaintiff a notice informing him that he needed to file a proper complaint

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using the court’s form complaint within twenty-eight days or be subject to dismissal.

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(Docket No. 2.) The Clerk sent a separate notice to Plaintiff informing him that he must

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either pay the filing fee or file an In Forma Pauperis (“IFP”) application within twenty-

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eight days or else the case would be dismissed. (Docket No. 3.) On April 10, 2017,

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Plaintiff filed another letter stating that he is attaching a “complaint.” (Docket No. 4.) The

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document Plaintiff sent was an inmate appeal filed on April 2, 2017, not a complaint. (Id.

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at 2.) On April 27, 2017, the Court granted Plaintiff a twenty-eight day extension of time

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This matter was reassigned to this Court on April 24, 2017, after Plaintiff did not consent
to magistrate jurisdiction. (Docket No. 6.)

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to file a proper complaint using the court’s form complaint and either pay the filing fee or

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file an IFP application in the same time provided. (Docket No. 7.) Plaintiff was warned

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that failure to file a proper complaint and to either pay the filing fee or file an IFP

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application in the time provided would result in the dismissal of this action without

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prejudice and without further notice to Plaintiff. (Id.)

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The deadline for Plaintiff to comply with the Court’s order has passed. Because

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Plaintiff has failed to file a proper complaint or to either pay the filing fee or file an IFP

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application, this action is DISMISSED without prejudice. The Clerk shall terminate all

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pending motions and close the file.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
6/1/2017
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
P:\PRO-SE\EJD\CR.17\01306HARRIS_DISM.DOCX
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