Kirkpatrick v. Wong

Filing 5

ORDER DISMISSING the action without prejudice. Signed by Judge Vaughn R Walker on 10/23/2009. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 10/26/2009)

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 On September 8, 2009, William Kirkpatrick, Jr, a state prisoner at San Quentin State Prison and frequent litigant in federal court, filed a civil rights action again complaining about his meals in prison. Doc #1; see Kirkpatrick v Wong, No C-09-1564 On that same date, the v R WONG, WARDEN Defendant. / (Doc #3) WILLIAM KIRKPATRICK JR, Plaintiff, ORDER OF DISMISSAL No C-09-4139 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

VRW (PR) (N D Cal filed April 9, 2009).

court notified 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 his prison account and a copy of his prison trust account statement for the last six months. See 28 USC § 1915(a)(2). Plaintiff was

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advised that failure to file the requested items within thirty days would result in dismissal of the action. Doc #2. On September 25,

2009, plaintiff submitted an in forma pauperis application, which was incomplete because it did not include a completed certificate of funds in his prison account and a copy of his prison trust account statement for the last six months. Doc #3.

Over forty days have elapsed since plaintiff was notified of his filing deficiency; however, he has not provided the court with the requisite items, or sought an 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\Kirkpatrick-09-4139-dismiss ifp deficiency.wpd

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