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SPENCER v. PEOPLE OF THE STATE OF CALIFORNIA

United States District Court, S.D. California


December 19, 2005.

KEITH SPENCER, Plaintiff,
v.
PEOPLE OF THE STATE OF CALIFORNIA, Defendant.

The opinion of the court was delivered by: JEFFREY MILLER, District Judge

ORDER DISMISSING COMPLAINT

On August 11, 2004 the court denied Plaintiff's motion to proceed in forma pauperis because he failed to sign the declaration under penalty of perjury and failed to set forth a statement of income and assets sufficient for the court to make an informed decision regarding the sources of funds for day-to-day expenses. That Order also informed Plaintiff that the complaint would be dismissed without prejudice if he failed to effectuate service within the 120 day period of Fed.R.Civ.P. 4(m). Plaintiff has yet to serve the complaint. Accordingly, the complaint is dismissed without prejudice subject to the requirements of Fed.R.Civ.P. 4. The Clerk of Court is instructed to close the file.

IT IS SO ORDERED.

20051219

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