United States District Court, N.D. California
MAILLARD L. KING, Plaintiff,
JOHN RUNDE; et al., Defendants.
The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
This action is dismissed without prejudice for failure to pay
the filing fee or submit a complete in forma pauperis
IT IS SO ORDERED AND ADJUDGED. ORDER OF DISMISSAL
Plaintiff filed a pro se civil rights action on July 13,
2004. On that date, the court 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 timely provide the court with either the
filing fee or a complete in forma pauperis application.
Specifically, he has not filed a copy of his inmate trust account
statement for the last six months and has not filed a certificate
of funds. 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 rights 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. In light of the
dismissal of this action, all pending motions are DENIED as moot.
The clerk shall close the file.
IT IS SO ORDERED.
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