United States District Court, N.D. California
November 14, 2005.
VINCENT M. LOPEZ, Plaintiff,
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL
Plaintiff, a California prisoner proceeding pro se, file the
above-titled civil rights action on October 4, 2005. That same
date, the Court notified plaintiff in writing that the action was
deficient due to his failure to pay the requisite filing fee or,
instead, submit a completed court-approved in forma pauperis
("IFP") application. In said notice, plaintiff was advised that
his failure to pay the filing fee or, alternatively, to file a
completed IFP application, including a trust account statement
showing transactions for the preceding six months and a
certificate of funds form signed by an institution official,
within thirty days, would result in dismissal of the action.
Along with said notice, plaintiff was sent a copy of the Court's
IFP application, instructions for completing it, and a return
envelope. Plaintiff has not responded. As more than thirty days
have passed since the deficiency notice and plaintiff has not
completed the IFP application or paid the filing fee, the
above-titled action is hereby DISMISSED without prejudice.
The incomplete application to proceed in forma pauperis is
hereby DENIED. This order terminates Docket No. 2, and the Clerk
shall close the file.
IT IS SO ORDERED.
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