IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 14, 2009
ANTHONY R. TURNER, PLAINTIFF,
STEVE MOORE, WARDEN, ET AL, DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The matter is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2).
With the filing of his complaint, plaintiff neither paid the fee nor submitted a proper application for leave to proceed in forma pauperis. Accordingly, on October 22, 2008, the court gave plaintiff 30 days to pay the filing fee or submit a proper application to proceed in forma pauperis.
Plaintiff has not paid the filing fee, submitted an application for leave to proceed in forma pauperis nor otherwise responded to this court's order.
Accordingly, this action is dismissed without prejudice.
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