Griffin v. Wasco State Prison

Filing 8

ORDER DISMISSING Action Without Prejudice For Failure To Either Pay Filing Fee In Full Or File Application To Proceed In Forma Pauperis (Doc. 6 ), signed by Judge Oliver W. Wanger on 12/18/2009. CASE CLOSED. (Scrivner, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Plaintiff Robert Griffin, a prisoner proceeding pro se, filed this civil rights action on 18 September 30, 2009. Plaintiff filed a form application to proceed in forma pauperis which did 19 not contain all of the information required by this Court, specifically Plaintiff's authorization for 20 the deduction of the filing fee from his trust account. On October 8, 2009, the Court issued an 21 order requiring Plaintiff to either pay the $350.00 filing fee in full or file an application to 22 proceed in forma pauperis on the form provided with the order, within forty-five days. More 23 than forty-five days have passed and Plaintiff has not complied with or otherwise responded to 24 the Court's order. Plaintiff was warned that dismissal would occur if he failed to obey the order. 25 /// 26 -1vs. WASCO STATE PRISON, Defendant. ______________________________/ ROBERT GRIFFIN, Plaintiff, 1:09-cv-01762-OWW-SMS (PC) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO EITHER PAY FILING FEE IN FULL OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 6) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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A civil action may not proceed absent the submission of either the filing fee or a completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither in compliance with the Court's order to do so, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for failure to pay the filing fee or file a completed application to proceed in forma pauperis.

IT IS SO ORDERED. Dated: December 18, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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