United States District Court, N.D. California
January 22, 2004.
FREDERICK N. FRANCIS, Plaintiff
Sheriff MICHAEL HENNESSEY; et al., Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
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.
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
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
IT IS SO ORDERED.
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