Richardson v. U.S. Attorney

Filing 6

ORDER DISMISSING CASE. Signed by Judge Eumi K. Lee on 8/28/2024. (lrt, COURT STAFF) (Filed on 8/28/2024)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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN RICHARDSON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 24-cv-04240-EKL ORDER OF DISMISSAL v. Re: Dkt. No. 5 U.S. ATTORNEY, Defendant. 12 13 Plaintiff, a Nevada state prisoner proceeding pro se, filed a civil rights action under 42 14 U.S.C. § 1983. Plaintiff was sent a notice that he had not paid the filing fee or submitted a 15 complete application for leave to proceed in forma pauperis (“IFP”). A copy of the Court’s form 16 for applications to proceed IFP was provided with the notice. He was provided twenty-eight days 17 to correct these deficiencies. More than twenty-eight days has passed, and plaintiff has not paid 18 the fee or filed a complete application to proceed IFP. The case is DISMISSED without prejudice. 19 Plaintiff’s miscellaneous motion (Dkt. No. 5) is difficult to understand and DENIED as meritless 20 and moot. If plaintiff wishes to initiate a court case regarding prison conditions at his Nevada 21 prison, he must file a case in the District of Nevada. He may file a federal habeas petition 22 challenging his conviction after he has exhausted his claims in state court. 23 24 IT IS SO ORDERED. Dated: August 28, 2024 25 26 27 28 Eumi K. Lee United States District Judge

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