Stallworth v. Deputies & Sergeants of Contra Costa County Jails & Facilities ( 2022 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 JOSEPH STALLWORTH, 6 Case No. 22-cv-04332-YGR (PR) Plaintiff, 7 ORDER OF DISMISSAL WITHOUT v. PREJUDICE 8 DEPUTIES & SERGEANTS OF CONTRA 9 COSTA COUNTY JAILS & FACILITIES, 10 Defendants. 11 This suit was reassigned from a magistrate judge to the undersigned in light of a recent 12 Ninth Circuit decision.1 Dkt. 10. 13 On July 7, 2022, plaintiff, who is in custody at the West County Detention Facility, filed 14 the present pro se prisoner complaint under 42 U.S.C. § 1983. Dkt. 1. On that same date, the 15 Clerk of the Court sent a notification to plaintiff informing him that he had neither paid the filing 16 fee nor completed an in forma pauperis (“IFP”) application. Dkt. 2. The Clerk provided plaintiff 17 with a blank IFP application form, along with a return envelope, instructions, and a notification 18 that the case would be dismissed if plaintiff failed to pay the fee or file the completed IFP 19 application within twenty-eight days. 20 On August 22, 2022, plaintiff filed a completed IFP application. Dkt. 4. However, he did 21 not include his Certificate of Funds and a prisoner trust account statement for the previous six 22 months. 23 On August 26, 2022, the Clerk sent another notification to plaintiff explaining that his IFP 24 was deficient due to the failure to include his Certificate of Funds and prisoner trust account 25 statement. Dkt. 6. The Clerk provided plaintiff with another IFP application form, along with a 26 27 1 Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (magistrate judge lacked jurisdiction 1 return envelope, instructions, and a notification that the case would be dismissed if plaintiff failed 2 || to submit the requisite documents within twenty-eight days. 3 On September 15, 2022, plaintiff filed another completed IFP application, but he did not 4 attach his prisoner trust account statement. Dkt. 9. The twenty-eight-day deadline has passed and 5 || plaintiff has not submitted his prisoner trust account statement. 6 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff’s in forma 7 || pauperis application is DENIED as incomplete. The Clerk shall terminate all pending motions 8 and close the file. 9 IT IS SO ORDERED. 10 Dated: December 23, 2022 L~_sne SL ple to. JUBGE YVONNE @ONZ (VEZ ROGERS 12 United States District Judge 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28