Dean v. Braziel, et al.,

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/26/2011 ORDERING that this action be dismissed without prejudice for failure to submit either the filing fee or application to proceed IFP as directed in 3 Order; CASE CLOSED.(Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,
Plaintiff,

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vs.

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No. CIV S-11-0877 EFB P

H. BRAZIEL, et al.,
ORDER
Defendants.

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/

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Plaintiff is a confined in a county jail and proceeds without counsel in an action brought

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under 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a).

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This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)

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and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C. § 636; see also E.D.

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Cal. Local Rules, Appx. A, at (k)(4).
On April 13, 2011, the court found that plaintiff did not pay the required filing fee or

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submit an application for leave to proceed in forma pauperis. Accordingly, the court ordered

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plaintiff to submit either the filing fee or the application required by § 1915(a) within thirty days.

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The order warned plaintiff that failure to do so may result in this action being dismissed.

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The 30-day period has expired and plaintiff has not paid the filing fee, submitted an
application to proceed in forma pauperis affidavit or otherwise responded to the court’s order.1
Accordingly, this action is dismissed without prejudice.
Dated: May 26, 2011.

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Plaintiff filed a motion for summary judgment and a document styled “Notice of
Motion for Personal Injury Complaint” on April 21, 2011. Neither filings are responsive to the
April 13 order.
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