Opinion
3:11-cv-00710-RCJ-WGC
10-05-2011
MARITTE FLINCHES, Plaintiff, v. RICK RIMINGTON, et al. Defendants.
ORDER
Plaintiff has filed a civil rights complaint. Neither a filing fee nor an application to proceed in forma pauperis was received with the complaint. The cover letter refers to a check, but no check was enclosed. It does not appear from the allegations presented that a promptly filed new action would be time-barred under the applicable two-year statute of limitations.
IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice to the filing of a new properly commenced action under a new docket number with either the required filing fee or a properly completed application to proceed in forma pauperis.
The Clerk shall send plaintiff two copies each of an in forma pauperis application form for a prisoner and a blank Section 1983 complaint form, along with the instructions for each form and a copy of the papers that he submitted.
The Clerk shall enter final judgment accordingly, dismissing this action without prejudice.
ROBERT C. JONES
Chief United States District Judge