Kirkpatrick v. Chappell

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on April 4, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/5/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM KIRKPATRICK, JR., Case No. 12-6398 JST (PR) Plaintiff, 8 v. ORDER OF DISMISSAL 9 10 KEVIN CHAPPELL, Defendant. United States District Court Northern District of California 11 12 On December 18, 2012, plaintiff, a pro se state prisoner, filed this federal civil rights action 13 under 42 U.S.C. § 1983. On the same day the action was filed, plaintiff was ordered to file a 14 complete application to proceed in forma pauperis (“IFP”), or pay the filing fee of $350.00, within 15 30 days, or face dismissal of the action. 16 On January 22, 2013, plaintiff filed his IFP application. The IFP application was deficient, 17 however, because the Certificate of Funds in Prisoner’s Account was obviously completed by 18 plaintiff and not by an authorized prison official. Furthermore, plaintiff failed to attach a copy of 19 his prisoner trust account statement showing transactions for the last six months. 20 More than 30 days have passed and plaintiff has not filed a complete IFP application or 21 paid the filing fee. Accordingly, the action is DISMISSED without prejudice. Plaintiff’s motion 22 to proceed IFP (Docket No. 5) is DENIED as insufficient. 23 The Clerk shall terminate Docket No. 5 and close the file. 24 IT IS SO ORDERED. 25 Dated: April 4, 2013 26 27 28 ______________________________ Jon S. Tigar United States District Judge

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