CUEVAS v. U.S.

Case No. 17-cv-02439 NC (PR).

ALEXANDER JOHN CUEVAS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

United States District Court, N.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 555 Prisoner: Prison Condition
Source: PACER


Attorney(s) appearing for the Case

Alexander John Cuevas, Plaintiff, Pro Se.


ORDER OF DISMISSAL

NATHANAEL M. COUSINS, Magistrate Judge.

On April 28, 2017, Plaintiff, proceeding pro se, filed a federal civil rights complaint pursuant to 42 U.S.C. § 1983.1 That same day, the Court sent a notification to Plaintiff, informing him that he did not pay the filing fee, and his application to proceed in forma pauperis ("IFP") was incomplete. Specifically, the notification informed Plaintiff that he did not submit a Certificate of Funds in Prisoner's Account signed by an authorized officer of the correctional facility at which he resides. Plaintiff was warned that the case would be dismissed if he failed to pay the fee, or file a completed application with supporting documentation within twenty-eight days. Dkt. No. 3. Plaintiff has filed a second IFP application and attached Certificate of Funds in Prisoner's Account. However, the Certificate of Funds is still not signed by an authorized officer. Dkt. No. 7. Given that more than twenty-eight days have passed and Plaintiff has not paid the fee or filed the documents necessary to proceed, the case is DISMISSED without prejudice. The Clerk shall terminate all pending motions and close the file.

IT IS SO ORDERED.

FootNotes


1. Plaintiff has consented to magistrate judge jurisdiction. Dkt. No. 6.

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