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WOMACK v. CUTTITTA

United States District Court, N.D. California


RODNEY WOMACK, Plaintiff,
v.
SHERIFF OFFICER CUTTITTA, et al., Defendants.

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

ORDER OF DISMISSAL

Plaintiff, a California prisoner, filed this pro se civil rights action on June 2, 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 not responded. 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 number 2. The Clerk shall close the file.

  IT IS SO ORDERED. JUDGMENT IN A CIVIL CASE

  [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  [x] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

  IT IS ORDERED AND ADJUDGED this action is DISMISSED without prejudice.

20040901

© 1992-2004 VersusLaw Inc.



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