United States District Court, N.D. California
January 28, 2004.
WILMAR OSIBIN, Plaintiff
BOARD OF PRISON TERMS; et al., Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
The action is dismissed without prejudice for failure to pay the
filing fee or submit a complete in forma pauperis application.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Plaintiff filed a pro se civil action on December 16, 2003.
On that date, the Court notified plaintiff in writing that the complaint
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 provide the Court with either the filing
fee or a complete in forma pauperis application and the
deadline by which to do so has passed. 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 the file.
IT IS SO ORDERED.
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