Opinion
No. C 04-2596 MMC (PR).
September 17, 2004
ORDER OF DISMISSAL (Docket No. 1)
Petitioner, a California prisoner, filed this pro se action on June 29, 2004. On that same date, the Court notified petitioner in writing that the action was deficient due to petitioner's failure to pay the requisite filing fee or, instead, submit a signed and completed court-approved in forma pauperis ("IFP") application. Along with the notice, the Court sent to petitioner copies of the Court's IFP application, instructions for completing the application, and a stamped return envelope. Petitioner was advised that failure to pay the filing fee or to complete the IFP application within thirty days would result in dismissal of this action. Petitioner has not responded. Accordingly, this action is DISMISSED without prejudice to petitioner's filing a new action in which he either pays the filing fee or completes an IFP application.
The Clerk shall close the file. This order terminates docket number 1.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED this action is DISMISSED without prejudice to petitioner's filing a new action in which he either pays the filing fee or completes an IFP application.