Tanksley v. CDC et al

Filing 10

ORDER DISMISSING CASE without prejudice for failure to pay filing fee or submit a complete IFP application; Signed by Judge Marilyn Hall Patel on 3/3/2009. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 3/4/2009)

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1 2 3 4 5 6 7 8 MOODY TANKSLEY, 9 10 v. Plaintiff, No. C 08-5337 MHP (pr) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court For the Northern District of California 11 CDC SALINAS VALLEY STATE PRISON; et al., 12 Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / This pro se civil rights action was transferred to this court on November 25, 2008, at which time the court notified plaintiff in writing that the action was deficient due to the failure to pay the filing fee or furnish a completed and signed court-approved in forma pauperis application specifically, that he had not included a trust account statement and signed certificate of funds for his prisoner's trust account statement. Plaintiff was advised that failure to pay the fee or file the application materials within thirty days would result in dismissal of the action. Plaintiff did not pay the filing fee or submit the materials needed to complete his in forma pauperis application. The action is DISMISSED without prejudice for failure to pay the filing fee or submit a completed in forma pauperis application. Plaintiff may file a new action, but should include a filing fee or an in forma pauperis application with a new complaint to commence that new action. The clerk shall close the file. IT IS SO ORDERED. Dated: March 3, 2009 _______________________ Marilyn Hall Patel United States District Judge

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