United States District Court, N.D. California
December 19, 2005.
KENNETH BATCHELDER, Plaintiff,
FEDERAL BUREAU PRISON, Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
ORDER OF DISMISSAL
Plaintiff seeks to prosecute this action in forma pauperis.
By Order dated November 22, 2005, the Court noted that the judge
to whom this case was previously assigned had already once
ordered plaintiff to amend his complaint; plaintiff's amendments
in response to that order did not state a claim. Accordingly,
this Court gave plaintiff "one final chance to state a claim."
The Court directed that on or before December 9, 2005, plaintiff
shall file a statement, not to exceed two double-spaced pages,
that clearly identifies (1) the law under which he brings his
claims, (2) the conduct which he is challenging and the reason or
reasons such conduct was unlawful, and (3) the remedy he is
seeking, that is, what he wants the Court to order. The November
22 order warned plaintiff that his failure to comply with this
Order will result in denial of motion to proceed in forma
The Court has received documents from plaintiff signed on
November 21, 2005 (and filed November 22, 2005) and another set
postmarked November 21, 2005. He also faxed certain documents to the chambers of the judge to whom this case
was previously assigned. None of these documents is responsive to
the Court's order. Accordingly, plaintiff's motion to proceed in
forma pauperis is DENIED and this action is DISMISSED without
IT IS SO ORDERED.
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