Free Order Dismissing Case - District Court of California - California

Case 4:08-cv-02889-SBA

Document 4

Filed 09/04/2008

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\CR.08\Chandler2889.DISIFP.wpd Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Plaintiff filed a completed in forma pauperis application; however, he did not file copies of his certificate of funds and prisoner trust account statement. The Clerk of the Court notified Plaintiff that his in forma pauperis application was deficient due to the failure to include a signed certificate of funds and a prisoner trust account statement for the previous six months. The Clerk sent a notice to Plaintiff, informing him that his action could not go forward until he filed the necessary documents within thirty days, and that his failure to do so would result in dismissal of this action. More than thirty days have passed and Plaintiff has not submitted a signed certificate of funds and a prisoner trust account statement. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma pauperis application is DENIED as incomplete. The Clerk of the Court shall close the file. This Order terminates Docket no. 2. IT IS SO ORDERED. DATED: 9/2/08 SAUNDRA BROWN ARMSTRONG United States District Judge v. DEPARTMENT OF CORRECTION, et al., Defendants. / DERECK CHANDLER, Plaintiff, No. C 08-02889 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 4:08-cv-02889-SBA

Document 4

Filed 09/04/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DERECK CHANDLER, Plaintiff, v. DEPARTMENT OF CORRECTION et al, Defendant. /

Case Number: CV08-02889 SBA 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. That on September 4, 2008, 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.

Derrick Chandler K-03676 California State Prison - San Quentin San Quentin, CA 94974 Dated: September 4, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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