Archuleta v. Lee et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Vaughn R. Walker on 1/8/10. (Attachments: # 1 Certificate of Service)(fj, COURT STAFF) (Filed on 1/8/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This civil rights action by pro se prisoner Richard Archuleta was filed on November 18, 2009. Doc #1. The court Defendants. / v CHARLES LEE, et al, RICHARD ARCHULETA, Plaintiff, ORDER OF DISMISSAL No C-09-5474 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

notified plaintiff in writing at that time 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

advised that failure to file the requested items within thirty days would result in dismissal of the action. Doc #4.

Over fifty days have elapsed since plaintiff was notified

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of his filing deficiency; however, he has not provided the court with the requisite items, or sought an extension of time to do so. The action, therefore, is DISMISSED without prejudice. The clerk shall terminate all pending motions as moot and close the file.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

G:\PRO-SE\VRW\CR.09\Archuleta-09-5474-order of dismissal-ifp.wpd

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