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Ryles v. Speers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 13, 2009

AMOS RYLES, PLAINTIFF,
v.
SPEERS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. This case 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).

On October 23, 2008, the court found that plaintiff's application to proceed in forma pauperis failed to contained the required certified trust account statement. Accordingly, the court ordered plaintiff to file a completed in forma pauperis application together with the required certified copy of his prison trust account statement. The order gave plaintiff 30 days to file the required application. On November 19, 2008, plaintiff requested an extension of time to comply. On December 3, 2008, the court granted plaintiff one final opportunity to comply with the court's October 23, 2008 order and warned him that failure to do so could result in the action being dismissed.

The 30-day period provided in the court's December 3, 2008, order has expired and plaintiff has not filed a completed in forma pauperis affidavit with the requisite trust account statement or otherwise responded to the court's order.*fn1

Accordingly, this action is DISMISSED.


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