United States District Court, N.D. California
December 1, 2005.
VINCENT M. LOPEZ, Plaintiff,
PELICAN BAY STATE PRISON, Defendant.
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 25, 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. Specifically, plaintiff was informed that
the IFP application he had submitted did not include a trust
account statement showing transactions for the preceding six
months or a certificate of funds form signed by an institution
official. In said notice, plaintiff was advised that his failure
to pay the filing fee or, alternatively, to file a completed IFP
application, including the requisite trust account statement and
certificate of funds, 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
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
This order terminates Docket No. 2.
The Clerk shall close the file.
IT IS SO ORDERED.
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