Turner v. Torre et al

Filing 9

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on August 24, 2012. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 8/24/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 EDWARD L. TURNER, 7 8 9 10 11 ) ) Plaintiff, ) ) v. ) ) ) K. TORRE, et al., ) ) Defendants. __________________________________ ) No. C 12-2478 JSW (PR) ORDER OF DISMISSAL 12 Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under 13 42 U.S.C. § 1983. Plaintiff was ordered to show cause why, in light of Plaintiff’s prior 14 cases that were dismissed as frivolous, malicious or for failure to state a cognizable 15 claim, why in forma pauperis should not be denied and this case should not be dismissed 16 pursuant to 28 U.S.C. § 1915(g), or to pay the filing fee. He was informed that his 17 failure to do so would result in the dismissal of this case. Plaintiff has responded to the 18 order, but his response does not address Section 1915(g) or show cause why it should not 19 be applied to this case. As he has neither paid the filing fee, nor shown cause why this 20 case should not be dismissed and in forma pauperis should not be denied under Section 21 1915(g), this case is DISMISSED without prejudice and the application to proceed in 22 forma pauperis DENIED. No fee is due. 23 The Clerk shall enter judgment and close the file. 24 IT IS SO ORDERED. 25 DATED: August 24, 2012 26 27 28 JEFFREY S. WHITE United States District Judge

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