Foster

Filing 8

ORDER OF DISMISSAL. The Clerk shall terminate all pending motions and close the file. Signed by Judge Edward J. Davila on 1/8/2021. (amkS, COURT STAFF) (Filed on 1/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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IN RE RICKY TYRONE FOSTER,

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Plaintiff.

Case No. 20-08012 EJD (PR)
ORDER OF DISMISSAL

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On November 16, 2020, Plaintiff, a state prisoner, filed a letter which was construed

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as an attempt to file a civil rights action pursuant to 42 U.S.C. § 1983.1 Dkt. No. 1. On the

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same day, the Clerk sent Plaintiff a notice that he had to file a proper complaint using the

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court form, as well as a separate notice that he had not paid the filing fee or filed an

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application to proceed in forma pauperis (“IFP”). Dkt. Nos. 2, 3. The notices directed

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Plaintiff to file the complaint and a complete IFP motion within twenty-eight days or face

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dismissal. Id. The deadline, December 24, 2020, has passed, and Plaintiff has not filed a

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proper complaint or an IFP application, despite filing a response to a separate notice

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regarding consent to magistrate jurisdiction. Dkt. No. 5. Accordingly, Plaintiff’s case is

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DISMISSED without prejudice for failure to file a complaint and to pay the filing fee.

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This matter was reassigned to this Court on January 4, 2021, pursuant to Williams v.
King, 875 F.3d 500 (9th Cir. 2017). Dkt. Nos. 6, 7.

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The Clerk shall terminate all pending motions and close the file.

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IT IS SO ORDERED.

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Dated: _____________________
1/8/2021

________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Order of Dismissal
PRO-SE\EJD\CR.20\08012Foster_dism-compl&ifp

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