Grushen v. Hedgpath et al

Filing 8

ORDER OF DISMISSAL (Illston, Susan) (Filed on 3/13/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 KENNETH GRUSHEN, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C 12-1860 SI (pr) ORDER OF DISMISSAL v. Warden HEDGPETH; et al., Defendants. / 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court reviewed the pro se prisoner's civil rights complaint under 28 U.S.C. § 1915A and dismissed it with leave to amend. In the same order, the court explained that plaintiff's in forma pauperis application was incomplete because he had not complied with the statutory requirement to "submit a certified copy of the trust account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(2). The court ordered plaintiff to file the materials needed to complete his in forma pauperis application no later than August 10, 2012, and cautioned that "[f]ailure to file the required materials will result in the dismissal of this action." Docket # 5, pp. 4-5. Plaintiff never filed the required materials and the deadline by which to do so has long passed. Accordingly, the in forma pauperis application is DENIED because it is incomplete. (Docket # 2.) This action is DISMISSED without prejudice for failure to file a completed in forma pauperis application or pay the filing fee. The clerk shall close the file. IT IS SO ORDERED. Dated: March 13, 2013 _______________________ SUSAN ILLSTON United States District Judge

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