United States District Court, N.D. California
February 3, 2004.
KEVIN BREWER, Plaintiff,
J. W. HUSKEY, warden; 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 complete in forma pauperis application.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Plaintiff filed a pro se civil action on October 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 application filed did not include a copy
of the prisoner's trust account statement for the last six months. 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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