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Gamt v. Shasta County Dep't of Social Services

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


March 18, 2010

TONY AUSTIN GANT, PLAINTIFF,
v.
SHASTA COUNTY DEPARTMENT OF SOCIAL SERVICES, ET. AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 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)(4).

On three separate occasions, the court has ordered plaintiff to submit the affidavit required by 28 U.S.C. § 1915(a)(1), in support of his in forma pauperis application. Dckt. No. 4, 6, 9. Most recently, on March 2, 2010, the court gave plaintiff one final opportunity to submit a completed affidavit, and specifically reminded plaintiff that it is not sufficient to merely sign the affidavit, and that he must also respond to the questions asked therein. Dckt. No. 9. The court warned plaintiff that failure to do so would result in dismissal. Id.

On March 10, 2010, plaintiff submitted an affidavit in support of his application to proceed in forma pauperis. Dckt. No. 10. The affidavit, while signed by plaintiff, is incomplete, as plaintiff did not respond to the questions asked therein. As plaintiff has not paid the $350 filing fee required to commence a civil action or properly submitted an application to proceed in forma pauperis, this case must be dismissed. See 28 U.S.C. §§ 1914(a), 1915(a).

It therefore is ORDERED that this action is dismissed without prejudice.

20100318

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