Curtis v. Beltran et al

Northern District of California, cand-4:2015-cv-02679

ORDER DISMISSING CASE WITHOUT PREJUDICE AND DENYING PLAINTIFF'S IN FORMA PAUPERIS AS INCOMPLETE, Motions terminated: {{2}} MOTION for Leave to Proceed in forma pauperis filed by Parnell Curtis. Signed by Magistrate Judge Donna M. Ryu on 8/24/15.

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 PARNELL CURTIS, 4 Case No. 15-cv-02679-DMR (PR) Plaintiff, 5 ORDER OF DISMISSAL WITHOUT v. PREJUDICE 6 F. BELTRAN, et al., 7 Defendants. 8 9 Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. 10 § 1983. Plaintiff has consented to magistrate judge jurisdiction in this matter. Dkt. 1 at 7. 11 Plaintiff filed an in forma pauperis application and his prisoner trust account statement; however, 12 he filed an incomplete copy of his certificate of funds because it was not signed by an authorized Northern District of California United States District Court 13 officer at the prison. Dkt. 2. 14 On June 29, 2015, the Clerk of the Court notified Plaintiff that his in forma pauperis 15 application was deficient due to the failure to include a certificate of funds that was completed and 16 signed by an authorized officer at the prison. The Clerk further informed him that his action could 17 not go forward until he filed the necessary document within twenty-eight days, and that his failure 18 to do so would result in dismissal of this action. More than twenty-eight days have passed and 19 Plaintiff has not submitted a certificate of funds that has been completed and signed by an 20 authorized officer at the prison. 21 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma 22 pauperis application is DENIED as incomplete. Dkt. 2. The Clerk shall enter judgment, terminate 23 all pending motions and close the file. 24 IT IS SO ORDERED. 25 Dated: August 24, 2015 ______________________________________ DONNA M. RYU 26 United States Magistrate Judge 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 PARNELL CURTIS, 4 Case No. 4:15-cv-02679-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 F. BELTRAN, et al., 7 Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 Northern District of California That on August 24, 2015, I SERVED a true and correct copy(ies) of the Order of Dismissal United States District Court 13 Without Prejudice, by placing said copy(ies) in a postage paid envelope addressed to the person(s) 14 hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into 15 an inter-office delivery receptacle located in the Clerk's office. 16 17 Parnell Curtis ID: H-09068 31625 Hwy 101 N 18 Soledad, CA 93960 19 20 Dated: August 24, 2015 21 Richard W. Wieking 22 Clerk, United States District Court 23 24 25 By:________________________ 26 Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 27 28 2