ORDER OF DISMISSAL. Signed by Judge Vaughn R Walker on 10/8/2010. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 10/8/2010)
Marks v. D. L. Glaze
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 June 29, 2010, plaintiff, a condemned prisoner incarcerated at San Quentin State Prison, filed a letter with the court. Doc #1. The court clerk notified plaintiff in writing at v D L GLAZE, et al, Defendant(s). / DELANEY G MARKS, Plaintiff, ORDER OF DISMISSAL No C-10-2869 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
that time that because he neither filed a formal civil rights complaint under 42 USC § 1983 using the court-approved form nor did he 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 obtained from the appropriate prison official, the action was deficient. See 28 USC § 1915(a)(2). Plaintiff was advised that
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failure to file the requested items within thirty (30) days would result in dismissal of the action. Doc ## 2 & 3.
Over forty days have elapsed since plaintiff was notified of his filing deficiencies; however, he has neither provided the court with the requisite items nor filed a request for an extension of time to do so. prejudice. The clerk is directed to terminate all pending motions as moot and close the file. The action, therefore, is DISMISSED without
IT IS SO ORDERED.
VAUGHN R WALKER United States District Chief Judge
G:\PRO-SE\VRW\CR.10\Marks-10-2869-no complaint-no ifp-dismissal.wpd
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