Opinion
24-cv-06808-WHO (PR)
11-15-2024
ROBERT GARDNER, Plaintiff, v. JOHN DOE, Defendant.
ORDER OF DISMISSAL
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
Plaintiff Robert Gardner has not responded to the Clerk's Notices to file a complaint and a motion to proceed in forma pauperis (or pay the filing fee), which were sent to him after he sent the Court a letter. Accordingly, this federal civil rights action is DISMISSED (without prejudice) for failing to comply with the Clerk's Notices and for failing to prosecute, see Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, Gardner may move to reopen. Any such motion must (i) have the words MOTION TO REOPEN written on the first page; (ii) contain a complaint on this Court's form; and (iii) contain a complete application to proceed in forma pauperis or full payment for the $402.00 filing fee.
The Clerk shall enter judgment in favor of defendant, and close the file.
IT IS SO ORDERED.