United States District Court, N.D. California
August 17, 2004.
MICHAEL J. HARTNETT, Plaintiff,
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.
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