Gates
Filing
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ORDER OF DISMISSAL. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. Signed by Judge Edward J. Davila on 8/3/2012. (ecg, COURT STAFF) (Filed on 8/7/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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IN RE DAVID MARSHALL
GATES,
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Plaintiff.
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No. C 12-02199 EJD (PR)
ORDER OF DISMISSAL
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On May 2, 2012, Plaintiff, a prisoner at the California Medical Facility in
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Vacaville, filed a batch of documents in this Court, including a partially completed
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court form complaint under 42 U.S.C. § 1983. The same day, the Clerk of the Court
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sent a notification to Plaintiff that he must file a proper complaint within thirty days
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to avoid dismissal of the action. (Docket No. 3.) The Clerk also sent a separate
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notice that Plaintiff did not pay the filing fee or file an In Forma Pauperis (“IFP”)
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Application, and that he must do so within thirty days to avoid dismissal of the
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action. (Docket No. 2.) On May 16, 2012 and May 31, 2012, the mail sent to
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Plaintiff were returned as undeliverable due to addressing errors. (Docket Nos. 4 &
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5.) The notices were resent to Plaintiff on May 21, 2012 and again on June 26,
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2012.
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On July 13, 2012, Plaintiff filed a form complaint containing illegible writing
and unresponsive answers to the questions therein. (Docket No. 6.) The document
Order of Dismissal
02199Gates_dism-ifp.wpd
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is insufficient to constitute a proper complaint. Furthermore, Plaintiff has failed to
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either pay the filing fee or file an IFP application in the time provided.
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Accordingly, this case is DISMISSED without prejudice for failure to pay the
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filing fee.
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DATED:
8/3/2012
EDWARD J. DAVILA
United States District Judge
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For the Northern District of California
United States District Court
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Order of Dismissal
02199Gates_dism-ifp.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IN RE DAVID MARSHALL GATES,
Case Number: CV12-02199 EJD
Plaintiff.
CERTIFICATE OF SERVICE
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
8/7/2012
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.
David Marshall Gates J-60908
California Medical Facility
P.O. Box 2000
Vacaville, CA 95696-2000
Dated:
8/7/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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