Cuevas v. United States of America

Filing 8

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 6/12/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 6/12/2017)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8

ALEXANDER JOHN CUEVAS,
9

Case No. 17-cv-02439 NC (PR)

Plaintiff,

10

ORDER OF DISMISSAL

v.

United States District Court
Northern District of California

11

UNITED STATES OF AMERICA,

12

Defendant.

13
14
15

On April 28, 2017, Plaintiff, proceeding pro se, filed a federal civil rights complaint

16

pursuant to 42 U.S.C. § 1983.1 That same day, the Court sent a notification to Plaintiff,

17

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

18

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

19

did not submit a Certificate of Funds in Prisoner’s Account signed by an authorized officer

20

of the correctional facility at which he resides. Plaintiff was warned that the case would be

21

dismissed if he failed to pay the fee, or file a completed application with supporting

22

documentation within twenty-eight days. Dkt. No. 3. Plaintiff has filed a second IFP

23

application and attached Certificate of Funds in Prisoner’s Account. However, the

24
1

25
26
27
28

Plaintiff has consented to magistrate judge jurisdiction. Dkt. No. 6.

Case No. 17-cv-02439 NC (PR)
ORDER OF DISMISSAL

1

1

Certificate of Funds is still not signed by an authorized officer. Dkt. No. 7. Given that

2

more than twenty-eight days have passed and Plaintiff has not paid the fee or filed the

3

documents necessary to proceed, the case is DISMISSED without prejudice. The Clerk

4

shall terminate all pending motions and close the file.

5
6

IT IS SO ORDERED.
DATED:

June 12, 2017

NATHANAEL M. COUSINS
United States Magistrate Judge

7
8
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-02439 NC (PR)
ORDER OF DISMISSAL

2