Babich v. California Department of Corrections

Filing 6

ORDER OF DISMISSAL. Signed by Judge Vaughn R Walker on 5/27/2009. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 5/27/2009)

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. / This civil rights action by a prisoner was filed on February 18, 2009. Doc #1. Shortly thereafter, the court notified ORDER OF DISMISSAL CHRISTOPHER T BABICH Plaintiff, No C-09-698 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

plaintiff in writing that the action was deficient because he did not pay the requisite $ 350.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. See 28 USC § 1915(a)(2). Plaintiff was advised that

failure to file the requested items within thirty days would result in dismissal of the action. Doc #3. On April 1, 2009, plaintiff

requested that the court grant him until May 25, 2009 to file the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

requested items.

Doc #5.

To date, plaintiff has not filed the court with the requisite items, nor has he sought another extension of time to do so. Accordingly, the action is DISMISSED without prejudice. The clerk shall close the file and terminate all pending motions as moot.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

G:\PRO-SE\VRW\CR.09\Babich-09-678-dismissed-ifp deficiency.wpd

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