Gaines v. Secretary California Department of Corrections & Rehabilitation et al

Northern District of California, cand-4:2015-cv-03474

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/23/15.

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 MARY GAINES,) No. C 15-3474 JSW (PR)) 8 Petitioner,) ORDER OF DISMISSAL) 9 v.)) 10) D.K. JOHNSON, et al.,) 11) Respondent.) 12 _________________________________) 13 This case was opened on July 28, 2015, when Petitioner, a California prisoner, 14 filed a motion for appointment of counsel. On the same day, the Clerk notified Petitioner 15 that she had neither paid the filing fee nor filed the Court's application to proceed in 16 forma pauperis ("IFP"). The Clerk also notified Petitioner that in order to proceed, she 17 would need to file a complaint or petition. She was provided the relevant forms, 18 instructions, and a stamped return envelope, and informed that the case would be 19 dismissed if she did not file a complaint or petition, and either pay the filing fee or file a 20 completed IFP application, within 28 days. On September 1, 2015, Petitioner's deadline 21 was extended for an additional 28 days to do so. The new deadline has passed and no 22 response from Plaintiff has been received. Accordingly, this case is DISMISSED 23 without prejudice. 24 The Clerk shall enter judgment and close the file. 25 IT IS SO ORDERED. 26 DATED: November 23, 2015 27 JEFFREY S. WHITE 28 United States District Judge