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FORD v. BAUMAN

United States District Court, N.D. California


May 10, 2004.

DANIEL WAYNE FORD, Plaintiff,
v.
Chief JAMES BAUMAN; et al., Defendants

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

JUDGMENT

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.

20040510

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