Opinion
No. C 11-4739 CRB (PR)
11-03-2011
TYE ROBERTS, Plaintiff, v. ANDERSON, Deputy Sheriff, Defendant(s).
ORDER OF DISMISSAL
(Docket # 2 & 4)
This civil action by a prisoner was filed on September 22, 2011. The court notified plaintiff in writing at that time that the action was deficient because plaintiff did not pay the requisite $350.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. See 28 U.S.C. § 1915(a)(2). Plaintiff was advised that failure to file the requested items within 30 days would result in dismissal of the action.
More than 40 days have elapsed; however, plaintiff has not provided the court with all of the requisite items, or sought an extension of time to do so. Plaintiff's incomplete in forma pauperis application (docket # 2 & 4) is DENIED and the action is DISMISSED without prejudice.
The clerk shall close the file.
SO ORDERED.
CHARLES R. BREYER
United States District Judge