Opinion
3:12-cv-00565-LRH-VPC
11-07-2012
JOHN RANDALL QUINTERO, et al., #93782 Plaintiffs, v. DIRK KLINKE, et al., Defendants.
ORDER
Three plaintiffs have submitted a pro se civil rights complaint and seek class action certification. While plaintiffs paid $5.00 when they submitted the complaint, they have failed to either pay the $350 filing fee or submit an application to proceed in forma pauperis on the required form. See 28 U.S.C. § 1915(a)(1)-(2); Local Rules of Special Proceedings 1-1, 1-2. Accordingly, plaintiffs' action is dismissed without prejudice. If plaintiff(s) wishes to pursue this matter, he or they should file a new action, with a new case number, along with either the $350 filing fee or a completed application to proceed in forma pauperis on the court-approved form. The application must be accompanied by all required financial documentation, as described in the instructions for use of the form. If the new action is filed by more than one plaintiff, each plaintiff shall submit an application to proceed in forma pauperis, if he is unable to pay the full filing fee. The Clerk shall refund the $5.00.
IT IS THEREFORE ORDERED that the Clerk shall DETACH and FILE the complaint (ECF #1-1).
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Clerk SHALL SEND plaintiff the approved forms for filing a civil rights lawsuits under 42 U.S.C. §1983, an Application to Proceed In Forma Pauperis by a prisoner, as well as the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis."
IT IS FURTHER ORDERED that the Clerk SHALL REFUND the $5.00 paid in this action.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE