Opinion
Civil No. 05-CV-1274-L(RBB).
October 24, 2005
ORDER CLOSING CASE
Plaintiff Brian Steven McNeal, appearing pro se, filed this action on June 21, 2005, against defendants Bill Lockyer and Michael Kirkman under 42 U.S.C. § 1983. Plaintiff also sought to proceed in forma pauperis. In an Order dated June 28, 2005, the Court denied without prejudice plaintiff's motion to proceed in forma pauperis and accordingly, dismissed the action without prejudice. Plaintiff was advised that if he sought to resume the litigation, he must either (1) pay the $250.00 court filing fee and file a first amended complaint, or (2) submit a renewed motion to proceed in forma pauperis providing additional evidence of his inability to pay the filing fee no later than 30 days from the date the Order was stamped "Filed" and a first amended complaint. Plaintiff also was advised that a first amended complaint must correct the deficiencies in the Complaint that the Court had noted. Finally, plaintiff was given notice that failure to either pay the filing fee and file an amended complaint or file an amended motion to proceed in forma pauperis and an first amended complaint within the time provided would result in the closing of this case without further notice to plaintiff.
The Court's Order was stamped "Filed" on June 28, 2005. See Docket No. 3.
To date, plaintiff has neither filed a renewed motion to proceed in forma pauperis with a first amended complaint, nor paid the filing fee and filed a first amended complaint. Moreover, plaintiff has not sought additional time in which to reinstate this case.
Based on the foregoing, IT IS ORDERED that the Clerk of the Court shall close this action.