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16-3288 - Jones v. Ferguson-Lopez et al

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16-3288 - Jones v. Ferguson-Lopez et al
December 27, 2016
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REPORT AND RECOMMENDATION that this action be DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute and that Plaintiffs IFP Application, (ECF No. 2), be DENIED AS MOOT. Signed by Magistrate Judge Tony N. Leung on 12/27/2016. cc: Jones(MMP) Modified on 12/28/2016 (KNK).
March 15, 2017
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ORDER adopting Report and Recommendation 6. (1) This action is DISMISSED WITHOUT PREJUDICE. (2) Plaintiff Baron Montero Jones's application to proceed in forma pauperis 2 is DENIED AS MOOT. (3) The agency having custody of Plaintiff Baron Montero Jones is ordered to forward monthly payments from Jones's prison trust account to the Clerk of Court, in accordance with 28 U.S.C. § 1915(b)(2), until the unpaid balance of the $350 filing fee is fully paid. (4) Dismissal of this action is not counted as a strike under 28 U.S.C. § 1915(g). (Written Opinion) Signed by Judge Joan N. Ericksen on March 15, 2017. (CBC) cc: Baron Montero Jones and prison officials on 3/16/2017 (KNK). Modified on 3/20/2017 (KNK).