Buckman

Filing 8

ORDER DISMISSING CASE. Signed by Judge Eumi K. Lee on 9/25/2024. (lrt, COURT STAFF) (Filed on 9/25/2024)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 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 IN RE TIMOTHY BUCKMAN, Case No. 24-cv-04512-EKL Plaintiff, ORDER OF DISMISSAL 8 Re: Dkt. No. 1 9 10 United States District Court Northern District of California 11 This civil rights action was filed on July 26, 2024. On that date, the Clerk notified Plaintiff 12 that he had neither paid the filing fee nor completed an in forma pauperis application (“IFP”). 13 Dkt. No. 5. The Clerk also notified Plaintiff that he had failed to file a complaint on the provided 14 “Civil Rights Complaint by a Prisoner” form. Dkt. No. 4. Plaintiff was advised that failure to file 15 a signed complaint and to pay the fee or file the application within 28 days would result in 16 dismissal of the action. See Docket Nos. 4, 5 (“Notices”). 17 Plaintiff did not comply with the Notices and the deadline to do so has passed. 18 Accordingly, this federal civil rights action is DISMISSED without prejudice for failure to comply 19 with the Notices and for failure to prosecute. See Fed. R. of Civ. P. 41(b). Because this dismissal 20 is without prejudice, Plaintiff may ask to reopen the action. To do this, Plaintiff must do the 21 following: (1) file his complaint in accordance with the instructions in the Notices, (2) file a 22 motion with the words MOTION TO REOPEN written on the first page, and (3) either pay the 23 filing fee or file his IFP application. 24 The Clerk shall terminate all pending motions and close the file. 25 IT IS SO ORDERED. 26 Dated: September 25, 2024 27 28 Eumi K. Lee United States District Judge

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