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HARTNETT v. COGWILL

United States District Court, N.D. California


August 17, 2004.

MICHAEL J. HARTNETT, Plaintiff,
v.
BILL COGWILL, Defendant.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL (Docket Nos. 3 & 5)

Plaintiff, a California prisoner, filed this pro se civil rights action on May 4, 2004. On that same day, the Court notified plaintiff in writing that the action was deficient due to the failure to pay the requisite filing fee or, instead, submit a completed court-approved in forma pauperis ("IFP") application. Plaintiff was advised that failure to pay the filing fee or to file a completed IFP application, including the certification of funds in his trust account signed by a jail official and a copy of his trust account statement, within thirty days would result in dismissal of this action. Along with this notice, plaintiff was sent a copy of the Court's IFP application, instructions for completing it, and a return envelope. More than thirty days have passed, and plaintiff has returned an IFP application without the certificate of funds or trust account statement. Plaintiff states that he is in fear of "further harms" and "retaliation" from jail officials if he returns these forms, and that he has no "real" money. Simply making this statement, without any showing that such fears have any reasonable basis, does not excuse plaintiff's obligation to complete the IFP application as instructed. As plaintiff has not timely complied with the notice requiring payment of the filing fee or completion of the IFP application, this action is DISMISSED without prejudice.

This order terminates docket numbers 3 & 5 and any other pending motions. The Clerk shall close the file.

  IT IS SO ORDERED.

20040817

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