Herndon v. State of California et al

Northern District of California, cand-4:2015-cv-02438

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 7/23/2015.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 GERROD HERNDON, 7 Case No. 15-cv-02438-HSG (PR) Plaintiff, 8 ORDER OF DISMISSAL v. 9 STATE OF CALIFORNIA, et al., 10 Defendants. 11 12 Northern District of California United States District Court 13 On June 2, 2015, plaintiff, a state prisoner incarcerated at the Marin County Jail, filed a 14 civil rights complaint under 42 U.S.C. § 1983 and an application for leave to proceed in forma 15 pauperis (IFP). On the same date, the Court sent plaintiff a notice that his IFP application was not 16 complete because he had not submitted a prisoner trust account statement and Certificate of Funds 17 (COF) in Prisoner's Account completed and signed by an authorized officer at the County Jail. In 18 the notice, plaintiff was informed that the case would be dismissed if he did not either pay the 19 filing fee or file a complete IFP application within twenty-eight days. 20 Plaintiff has not paid the filing fee or filed a complete IFP application, and the deadline by 21 which to do so has passed. For the foregoing reasons, this action is DISMISSED without 22 prejudice. 23 The Clerk shall terminate all pending motions as moot, enter judgment, and close the file. 24 IT IS SO ORDERED. 25 Dated: July 23, 2015 26 ______________________________________ HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28