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)

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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

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