Montano v. Cullen

Filing 4

ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 03/11/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 3/11/2011)

Montano v. Cullen

Doc. 4

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 This civil rights action by a prisoner was filed on January 25, 2011. Doc. #1. The Court notified Plaintiff in writing v. VINCENT S. CULLEN, Warden, Defendant(s). / RAUL MONTANO, Plaintiff, ORDER OF DISMISSAL No. C-11-0367 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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 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. Doc. #2.

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 DATED

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.

03/11/2011 THELTON E. HENDERSON United States District Judge

G:\PRO-SE\TEH\CR.11\Montano-11-367-ifp-dismissal.wpd

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