Avery vs Krones

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on October 14, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 10/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT AVERY,

Case No. 13-cv-03372-JST (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL

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SUSAN KRONES, et al.,

Re: Dkt. No. 7

Defendants.

United States District Court
Northern District of California

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On July 18, 2013, petitioner filed this pro se civil rights action pursuant to 42 U.S.C.

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§ 1983. On the same day the action was filed, plaintiff was ordered to file a complete application

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to proceed in forma pauperis ("IFP"), or pay the filing fee of $400.00, within 28 days, or face

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dismissal of the action.

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On August 14, 2013, plaintiff filed his IFP application. The IFP application was deficient,

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however, because plaintiff failed to attach a copy of his prisoner trust account statement showing

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transactions for the last six months.

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More than 28 days have passed and plaintiff has not filed a complete IFP application or

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paid the filing fee. Accordingly, the action is DISMISSED without prejudice. Plaintiff's motion

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to proceed IFP (Docket No. 7) is DENIED as insufficient.

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The Clerk shall terminate Docket No. 7 and close the file.

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IT IS SO ORDERED.

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Dated: October 14, 2013
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JON S. TIGAR
United States District Judge