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Whitmire v. Keeney

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


September 17, 2009

DIOVANNI WHITMIRE, PLAINTIFF,
v.
ROBIN KEENEY, DEFENDANT.

ORDER

Plaintiff is a confined in a county jail and proceeds without counsel in an action brought under 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1) and 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 July 24, 2009, the court found that plaintiff did not submit a certified copy of his trust account statement with his application to proceed in forma pauperis. 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 and warned him that failure to do so may result in this action being dismissed.

The 30-day period has expired and plaintiff has not filed a completed in forma pauperis affidavit or otherwise responded to the court's order.

Accordingly, this action is dismissed without prejudice.

20090917

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