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FRANCIS v. HENNESSEY

United States District Court, N.D. California


January 22, 2004.

FREDERICK N. FRANCIS, Plaintiff
v.
Sheriff MICHAEL HENNESSEY; et al., Defendants

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

JUDGMENT

The action is dismissed without prejudice to plaintiff filing a new action in which he pays the filing fee or submits a complete in forma pauperis application.

IT IS SO ORDERED AND ADJUDGED. Page 1

  ORDER OF DISMISSAL

  Plaintiff filed a pro se civil right complaint on July 11, 2003. On November 6, 2003, the Court notified plaintiff in writing that the filing was deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. Plaintiff was advised that failure to pay the fee or file the completed application within thirty days would result in dismissal of the action. Plaintiff has failed to timely provide the Court with either the filing fee or a complete in forma pauperis application: the in forma pauperis application he filed is incomplete in that he failed to attach to it a certificate of funds and his trust account statement for the last six months. Mail sent to plaintiff has been returned undelivered with a notation that he is no longer in custody at the address he provided to the court. The action is DISMISSED without prejudice for failure to pay the filing fee or submit a complete in forma pauperis application. Plaintiff may file a new action, but should include a filing fee or an in forma pauperis application with a new civil complaint to Page 2 commence that new action. Because this action is now dismissed, plaintiff should not file an in forma pauperis application or pay the filing fee in this action. The Clerk shall close the file.

  IT IS SO ORDERED.

20040122

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