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Carlos Hendon v. Robin Keeney

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


June 6, 2012

CARLOS HENDON, PLAINTIFF,
v.
ROBIN KEENEY, DEFENDANT.

ORDER

Plaintiff is a state prisoner who proceeds 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 April 17, 2012, the court found that plaintiff's copy of his trust account statement submitted with his application to proceed in forma pauperis was over six years old and therefore failed to comply with 28 U.S.C. § 1915(a)(2)'s requirement that the trust account statement encompass "the 6-month period immediately preceding the filing of the complaint . . . ."

Accordingly, the court ordered plaintiff to file a completed in forma pauperis application together with a current 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 with an updated trust account statement or otherwise responded to the court's order.

Accordingly, this action is dismissed without prejudice.

20120606

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