United States District Court, N.D. California
April 1, 2004.
In re ALBERTOLIM, Plaintiff
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 submits a complaint or petition to state a claim for
relief and in which he pays he filing fee or submits a complete in
forma pauperis application.
IT IS SO ORDERED.
ORDER OF DISMISSAL
This action was opened on May 15, 2003, when plaintiff, a prisoner at
Folsom State Prison, filed a prisoner's inmate trust account statement.
On that day, the court informed plaintiff that the action was deficient
for two reasons: (1) he had not filed a complaint or habeas petition with
his inmate trust account statement, and (2) he had not paid a filing fee
or filed a completed in forma pauperis application. Plaintiff
was advised that failure to file a complaint or petition within thirty
days would result in the dismissal of this action. Plaintiff also was
advised that failure to pay the fee or file the completed in forma
pauperis application within thirty days would result in dismissal of
the action. Plaintiff has failed to timely provide the court with a
complaint or petition and has failed to timely provide the court with a
filing fee or a complete in forma pauperis application.
See 28 U.S.C. § 1915(a). The action is DISMISSED without
prejudice for failure to state a claim upon which relief may be granted
and for failure to pay the filing fee or submit a complete in forma
pauperis application. Because this action is now dismissed,
plaintiff should not file any more documents in it and should
not pay the filing fee in this action. The Clerk shall close the file.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.