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LOPEZ v. PELICAN BAY STATE PRISON

United States District Court, N.D. California


December 1, 2005.

VINCENT M. LOPEZ, Plaintiff,
v.
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 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.

  The Clerk shall close the file.

  IT IS SO ORDERED.

20051201

© 1992-2005 VersusLaw Inc.



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