Opinion
No. C-11-1393 TEH (PR)
10-03-2011
ORDER OF DISMISSAL
(Doc. ## 2 & 4)
On March 23, 2011, Plaintiff, a prisoner of the State of California, filed this pro se civil rights action under 42 U.S.C. § 1983. That day, the Clerk notified Plaintiff that he had neither paid the filing fee nor filed a complete application to proceed in forma pauperis ("IFP"). Along with the notice, the Clerk mailed to Plaintiff the Court's IFP forms, instructions for completing the forms, and a stamped return envelope. In the notice, Plaintiff was informed that the action would be dismissed if he did not either pay the fee or file a completed IFP application within thirty days.
More than six months have passed, and Plaintiff has not paid the filing fee, filed a complete IFP application or explained his failure to do so. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b).
The Clerk shall terminate any pending motions as moot and close the file.
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge