Summary
dismissing complaint for failure to pay filing fee or submit in forma pauperis application
Summary of this case from Henderson v. United StatesOpinion
No. C 03-3102 SI (pr)
August 13, 2003
JUDGMENT
This action is dismissed without prejudice because plaintiff failed to pay the filing fee or submit a complete in forma pauperis application.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Plaintiff filed a pro se civil rights action on July 2, 2003. On that date, the Court notified plaintiff in writing that the complaint was deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. Plaintiff was advised that failure to pay the fee or file the completed application within thirty days would result in dismissal of the action. Plaintiff has failed to timely provide the Court with either the filing fee or a complete in forma pauperis application. Specifically, he failed to file the required copy of his prisoner trust account statement in support of his in forma pauperis application. See 28 U.S.C. § 1915(a). The action is DISMISSED without prejudice for failure to pay the filing fee or submit a complete in forma pauperis application. Plaintiff may file a new action, but should include a filing fee or an in forma pauperis application with a new civil rights complaint to commence that new action. Because this action is now dismissed, plaintiff should not file an in forma pauperis application or pay the filing fee in this action. The Clerk shall close the file.
IT IS SO ORDERED.