IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 11, 2010
TAHEE ABD RASHEED, PLAINTIFF,
DEPARTMENT OF JUSTICE BUREAU OF CRIMINAL IDENTIFICATION AND INFORMATION, ET AL. DEFENDANTS.
Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. §1983. To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). 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 February 10 and again on July 15, 2010, the court found that plaintiff had failed to pay the filing fee required by 28 U.S.C. § 1914(a) and had not properly requested leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court ordered plaintiff to submit within 21 days either (1) the required filing fee, (2) a proper application to proceed in forma pauperis, or (3) the in forma pauperis affidavit required by 28 U.S.C. § 1915(a)(1) along with documentation, or a declaration, explaining why plaintiff could not comply with 28 U.S.C. § 1915(a)(2). The court ordered the Clerk to send plaintiff a form in forma pauperis application and warned plaintiff that failure to comply with the order would result in dismissal of the action without prejudice.
Plaintiff has again submitted a document to the court in which he claims that "respondents" will not process money out of his trust account for filing fees. Plaintiff has not submitted the in forma pauperis affidavit as ordered, however, the completion of which does not require prison staff to process money out of or otherwise deal with plaintiff's trust account.
Accordingly, it is hereby ORDERED that this action is dismissed without prejudice.
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