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Zacarias v. Kessler

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 24, 2008

MICHAEL V. ZACARIAS, PLAINTIFF,
v.
MR. KESSLER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

ORDER OF DISMISSAL

This pro se civil rights action was filed on April 28, 2008. On that same day the court notified plaintiff that his application for leave to proceed in forma pauperis ("IFP") was deficient because he had omitted page five of the form, the "Certificate of Funds in Inmate Account," and had not provided the printout of transactions in his inmate account required by 28 U.S.C. § 1915(a)(2). A copy of the court's form for applications to proceed in forma pauperis was provided with the notice, along with a return envelope. Plaintiff was informed that if he did not either pay the fee or remedy the deficiencies of his IFP application within thirty days the case would be dismissed.

In response, plaintiff wrote a letter to the court which was treated as a request for more time. Although the court granted the motion and extended the time to remedy the IFP deficiencies to July 7, 2008, plaintiff has not done so. Therefore, leave to proceed in forma pauperis (document 2 on the docket) is DENIED and this case is DISMISSED without prejudice. The clerk shall close this file.

IT IS SO ORDERED.

20080724

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