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 12-02200 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, which included a “Health Care
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Services Request Form” and a blank In Forma Pauperis Application for filing a non-
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habeas civil rights action. (Docket No. 1.) The Clerk of the Court construed this
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filing as an attempt to file a civil rights action under 42 U.S.C. § 1983, and on the
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same day, sent a notification to Plaintiff that he must file a proper complaint within
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thirty days to avoid dismissal of the action. (Docket No. 3.) The Clerk also sent a
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separate notice that Plaintiff did not pay the filing fee or file an In Forma Pauperis
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(“IFP”) Application, and that he must do so within thirty days to avoid dismissal of
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the action. (Docket No. 2.) On May 31, 2012, the mail sent to Plaintiff was
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returned as undeliverable due to an addressing error. (Docket No.4.) The notices
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were resent to Plaintiff on June 26, 2012.
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The deadline has since passed, and Plaintiff has not filed a proper complaint,
Order of Dismissal
02200Gates_dism-ifp.wpd
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nor has Plaintiff either paid the filing fee or filed an IFP application in the time
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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
02200Gates_dism-ifp.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IN RE DAVID MARSHALL GATES,
Case Number: CV12-02200 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
Dated:
8/7/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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