Opinion
22-cv-07370 BLF
01-04-2023
IN RE SCOTT RICHARD PRICE, Plaintiff.
ORDER OF DISMISSAL
BETH LABSON FREEMAN, UNITED STATES DISTRICT JUDGE
On November 22, 2022, Plaintiff, proceeding pro se, filed several state forms which the Clerk's office construed as an attempt to file a complaint pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On the same day, the Clerk sent Plaintiff a notice informing him that he must file a complaint on the proper form within twenty-eight days or the action would be dismissed. Dkt. No. 3. A blank complaint form and postage-paid return envelope were enclosed with the notice. Id. The Clerk also sent a separate notice informing Plaintiff that he needed to either pay the filing fee or file an In Forma Pauperis (“IFP”) application within twenty-eight days to avoid dismissal. Dkt. No. 4. Lastly, Plaintiff was also notified that this matter was assigned to a magistrate judge, and that he must complete and file a form indicating either his consent or declination to proceed before a magistrate judge. Dkt. No. 5. This matter was reassigned to this Court on January 3, 2023. Dkt. Nos. 6, 7.
The deadline to file a response to the Clerk's notices regarding the filing of a proper complaint and IFP application have passed without a response from Plaintiff. Accordingly, this action is DISMISSED without prejudice for failure to file a proper complaint and pay the filing fee. The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.