Opinion
23-cv-05858-JST
01-05-2024
RENE MALDONADO, Plaintiff, v. C. KOENIG, Defendant.
ORDER OF DISMISSAL
JON S. TIGAR United States District Judge.
On or about November 14, 2023, Plaintiff filed a complaint with the Court and an application to proceed in forma pauperis. ECF Nos. 1, 2. The Court opened an action pursuant to these filings and, that same day, sent Plaintiff a notice that the action was deficient because he had not filed his application for leave to proceed in forma pauperis on the correct form. ECF No. 3. The Court sent Plaintiff the correct in forma pauperis application form and ordered him to correct the deficiency by December 12, 2023. Id. The deadline has passed, and Plaintiff has not filed an in forma pauperis application on the correct form. Accordingly, this action is DISMISSED for failure to either file a correct in forma pauperis application or pay the filing fee. The dismissal is without prejudice to Plaintiff filing a motion to reopen the action. Any motion to reopen must be accompanied by either the correct in forma pauperis application or the filing fee. The Clerk shall enter judgment in favor of Defendant and against Plaintiff, terminate all pending motions as moot, and close the case.
IT IS SO ORDERED.