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KING v. RUNDE

United States District Court, N.D. California


MAILLARD L. KING, Plaintiff,
v.
JOHN RUNDE; et al., Defendants.

The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge

JUDGMENT

This action is dismissed without prejudice for failure to pay the filing fee or submit a complete in forma pauperis application.

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.

20040909

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