govinfo:USCOURTS-cand-5_25-cv-00795-1

ORDER DISMISSING CASE WITHOUT PREJUDICE 
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United States District Court 
Northern District of California 
 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN JOSE DIVISION 
 
LACEDRIC WILLIAM JOHNSON, 
Plaintiff, 
v. 
 
TODAN ASCENCIO, 
Defendant. 
 

 
ORDER DISMISSING CASE 
WITHOUT PREJUDICE 
 
 
 
Plaintiff filed a pro se civil rights complaint under 42 U.S.C. § 1983 against a correctional 
officer at San Quentin Rehabilitation Center (“SQRC”), where he was incarcerated at the time of 
filing. ECF No. 1. Plaintiff moved for leave to proceed in forma pauperis (“IFP”) under 28 
U.S.C. § 1915(b)(1). ECF No. 2. Finding that the amended complaint stated cognizable claims, 
the Court granted the motion. ECF No. 8. 
On February 10, 2026, Defendant filed a motion to revoke Plaintiff’s IFP status because he 
is no longer a prisoner. ECF No. 20. Plaintiff filed opposition, ECF No. 21, and Defendant filed a 
reply, ECF No. 24. On May 20, 2026, the Court granted Defendant’s motion to revoke Plaintiff’s 
IFP status and allowed Plaintiff fourteen (14) days to pay the balance of the filing fee or file a non-
prisoner application. ECF No. 25. At that time, the Court specifically stated that “[f]ailure to 
respond to this order in the time provided will result in the dismissal without prejudice of this 
action without further notice to Plaintiff.” Id. at 6. 
In the time since the Court issued that Order, Plaintiff has neither paid the balance of the 
filing fee nor filed a non-prisoner application. Consequently, the Court DISMISSES this case 
WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). Semtek Int’l Inc. v. 

 

ORDER DISMISSING CASE WITHOUT PREJUDICE 
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United States District Court 
Northern District of California 
Lockheed Martin Corp., 531 U.S. 497, 505 (2001) (“The primary meaning of ‘dismissal without 
prejudice,’ we think, is dismissal without barring the plaintiff from returning later, to the same 
court, with the same underlying claim.”). 
The Clerk shall close the file. 
IT IS SO ORDERED. 
Dated: June 18, 2026 
 
 
EDWARD J. DAVILA 
United States District Judge 
 
 

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