Opinion
No. CIV S-11-0877 EFB P.
May 26, 2011
ORDER
Plaintiff is a confined in a county jail and proceeds without counsel in an action brought under 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. See 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 April 13, 2011, the court found that plaintiff did not pay the required filing fee or submit an application for leave to proceed in forma pauperis. Accordingly, the court ordered plaintiff to submit either the filing fee or the application required by § 1915(a) within thirty days. The order warned plaintiff that failure to do so may result in this action being dismissed.
The 30-day period has expired and plaintiff has not paid the filing fee, submitted an application to proceed in forma pauperis affidavit or otherwise responded to the court's order.
Plaintiff filed a motion for summary judgment and a document styled "Notice of Motion for Personal Injury Complaint" on April 21, 2011. Neither filings are responsive to the April 13 order.
Accordingly, this action is dismissed without prejudice.