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IN RE MACIAS

United States District Court, N.D. California


December 15, 2005.

In re ARMANDO FLORES MACIAS, Plaintiff.

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

ORDER OF DISMISSAL

This civil action by a prisoner was filed on October 25, 2005. The court notified plaintiff in writing at that time that the action was deficient because he did not attach a complaint or petition to his other pleadings, or pay the requisite $150.00 filing fee or, instead, submit a signed and completed 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. See 28 U.S.C. ยง 1915(a)(2). Plaintiff was advised that failure to file the requested items within 30 days would result in dismissal of the action.

More than 30 days have elapsed. However, plaintiff has not provided the court with the requisite items, or sought an extension of time to do so. The action is DISMISSED without prejudice.

  The clerk shall close the file and terminate all pending motions as moot. No fee is due.

  SO ORDERED.

20051215

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