Smith v. Ayers et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 1/15/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 1/15/2009)

1 2 3 4 5 6 7 8 9 10 RICK P. SMITH, Plaintiff, v. ROBERT L. AYERS, et al., Defendants. / No. C 08-5236 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This is a civil rights action filed pro se by a prisoner. The court notified plaintiff that he had neither paid the filing fee nor applied for leave to proceed in forma pauperis ("IFP"). Plaintiff was informed that the case would be dismissed if he did not either pay the fee or remedy the IFP deficiency within thirty days. Although he has provided an application to proceed IFP, he has not completed the "Certificate of Funds in Inmate Account," page five of the application. Because plaintiff has had many cases in this court, he must have been aware that failure to complete the application would lead to dismissal. Because plaintiff's application is incomplete, leave to proceed in forma pauperis (document number 4 on the docket) is DENIED. This case is DISMISSED without prejudice. See Fed. R.Civ.P. 41(b). The clerk shall close this file. IT IS SO ORDERED. Dated: January 15 , 2009.

G:\PRO-SE\W HA\CR.08\SMITH5236.DSM.wpd

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE