Opinion
3:11-cv-00571-LRH-RAM.
August 25, 2011
ORDER
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was submitted with the complaint. Plaintiff must either submit the filing fee or submit an application to proceed in forma pauperis when initiating an action in this Court. The Court notes that, on August 17, 2011, plaintiff submitted a letter explaining that he does not wish to proceed in forma pauperis in this action. (ECF No. 3). As no filing fee has been paid, this action must be dismissed. Petitioner may initiate a new action when he obtains the funds to pay the filing fee.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice to the filing of a new complaint in a new action.
IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff a blank 42 U.S.C. § 1983 prisoner civil rights form and one copy of instructions for the same. IT IS FURTHER ORDERED that plaintiff may file a new complaint with the full filing fee (or an application to proceed in forma pauperis) in a new action, but he may not file further documents in this action.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.