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IN RE ALBERTOLIM

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

JUDGMENT

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. Page 2

  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. ยง 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.

20040401

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