Tomas v. Wowack
Filing
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ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 8/3/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 8/3/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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SEMPLICIO ALLAN TOMAS,
Plaintiff,
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vs.
ORDER OF DISMISSAL
SANTA CRUZ BOARD OF
SUPERVISORS, et al.,
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For the Northern District of California
United States District Court
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No. C 12-2808 PJH (PR)
Defendants.
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/
This is a civil rights case filed pro se by a state prisoner. The clerk notified plaintiff
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that his in forma pauperis (“IFP”) application was deficient because he had not used the
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prisoner form, had failed to submit the “Certificate of Funds in Inmate Account,” and had
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not attached a copy of transactions in his prison trust account. Plaintiff filed a “Motion to
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Reconsider Order to Pay Filing Fees,” pointing out that as a civilly-committed sexually
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violent predator he is not a “prisoner” as that term is used in the Prison Litigation Reform
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Act. The court agreed, but pointed out that he still is required to provide sufficient
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information to determine whether he is qualified to proceed IFP, and ordered him to either
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pay the filing fee or supply a declaration stating the amount of money in any institutional
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trust account he might have. He was warned that the case would be dismissed if he did not
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do one or the other. He has not responded.
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Leave to proceed IFP (document number 7 on the docket) is DENIED. This case is
DISMISSED without prejudice. The clerk shall close the file.
IT IS SO ORDERED.
Dated: August 3, 2012.
PHYLLIS J. HAMILTON
United States District Judge
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G:\PRO-SE\PJH\CR.12\Tomas2808.dismiss ifp.wpd
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