United States District Court, N.D. California
May 10, 2004.
DANIEL WAYNE FORD, Plaintiff,
Chief JAMES BAUMAN; et al., Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
This action is dismissed without prejudice to plaintiff filing a new
action for which he pays a filing fee or files a completed in forma
pauperis application with a new civil complaint.
IT IS SO ORDERED AND ADJUDGED. ORDER OF DISMISSAL
Plaintiff filed a pro se civil action on March 24, 2004. On 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. Plaintiff did
quickly write to the court to contend that his application was incomplete
because the jail would not provide the trust account statement and
certificate of funds to him, but he has not shown that he acted with
sufficient diligence to obtain the documents and his original application
included part of a financial statement (i.e., page 1 of 3) indicating
that he does have some access to records concerning his inmate trust
account. 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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