Kettle v. Valdez et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 08/24/10. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 8/25/2010)

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Kettle v. Valdez et al Doc. 5 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 13, 2010. This civil rights action by a prisoner was filed on July Doc. #1. The Court notified Plaintiff in writing at that v. SUSAN VALDEZ, et. al., Defendant(s). / CHARLES R. KETTLE JR., Plaintiff, ORDER OF DISMISSAL No. C-10-3065 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 obtained from the appropriate prison official. See 28 U.S.C. 1915(a)(2). Plaintiff was advised that failure to file the requested items within thirty (30) days would result in dismissal of the action. Dockets.Justia.com 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 Doc. #3. On August 11, 2010, Plaintiff filed an in forma pauperis application, but failed to include 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. See 28 U.S.C. 1915(a)(2). The action therefore remains deficient. Over forty days have elapsed since Plaintiff was notified of his filing deficiency; 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 shall terminate all pending motions as moot and close the file. The action, therefore, is DISMISSED without IT IS SO ORDERED. DATED 08/24/10 THELTON E. HENDERSON United States District Judge G:\PRO-SE\TEH\CR.10\Kettle-10-3065-ifp-dismissal.wpd 2

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