Opinion
22-cv-02413-YGR (PR)
06-13-2022
In re DAVID LEWIS RANSON,
ORDER OF DISMISSAL WITHOUT PREJUDICE
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE
This suit was reassigned from a magistrate judge to the undersigned in light of the Ninth Circuit decision in Williams v. King.
Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (magistrate judge lacked jurisdiction to dismiss case on initial screening because unserved defendants had not consented to proceed before magistrate judge).
Plaintiff, an inmate at the Maple Street Correctional Center, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Plaintiff filed an in forma pauperis application; however, he filed an incomplete copy of his certificate of funds because it was not signed by an authorized officer at the prison and he did not file a copy of his prisoner trust account statement. Dkt. 2.
On April 18, 2022, the Clerk of the Court notified plaintiff that his in forma pauperis application was deficient due to the failure to include a certificate of funds that was completed and signed by an authorized officer at the prison and did not file a copy of his prisoner trust account statement. Dkt. 4. The Clerk further informed him that his action could not go forward until he filed the necessary documents within twenty-eight days, and that his failure to do so would result in dismissal of this action. Id.
More than twenty-eight days have passed and plaintiff has submitted neither a certificate of funds nor a copy of his prisoner trust account statement.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma pauperis application is DENIED as incomplete. Dkt. 2.
The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.