In Re Robert Elmer Barber

Filing 3

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on December 8, 2008. (mmcsec, COURT STAFF) (Filed on 12/8/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE ROBERT ELMER BARBER, ) No. C 08-5036 MMC (PR) ) Plaintiff. ) ORDER OF DISMISSAL ) ____________________________________ ) On November 4, 2008, plaintiff, a California prisoner incarcerated at Salinas Valley

13 State Prison and proceeding pro se, filed the above-titled civil rights action pursuant to 42 14 U.S.C. § 1983. That same date, the Court notified plaintiff in writing that the action was 15 deficient due to plaintiff's failure to pay the requisite filing fee or, instead, to submit a United States District Court For the Northern District of California 16 completed court-approved in forma pauperis ("IFP") application. Plaintiff was further 17 advised that his failure to pay the filing fee or, alternatively, to file a completed IFP 18 application, within thirty days, would result in dismissal of the action. Along with said 19 notice, plaintiff was sent a copy of the court-approved prisoner's IFP application, instructions 20 for completing it, and a return envelope. 21

More than thirty days have passed since the deficiency notice was sent to plaintiff and

22 he has not filed an IFP application or paid the filing fee. Accordingly, the above-titled action 23 is hereby DISMISSED without prejudice. 24 25

The Clerk shall close the file. IT IS SO ORDERED.

26 DATED: December 8, 2008 27 28

MAXINE M. CHESNEY United States District Judge