Robles v. Posson et al
ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 10/13/2020. (lsS, COURT STAFF) (Filed on 10/13/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MARVIN LEE ROBLES, BB1222,
ORDER OF DISMISSAL
S. POSSON, et al.,
Case No. 20-cv-05129-CRB (PR)
(ECF No. 2)
This civil rights action by a prisoner was filed on July 27, 2020. The court notified
United States District Court
Northern District of California
plaintiff in writing at that time that the action was deficient because plaintiff did not pay the
requisite $400.00 filing fee or, instead, submit a proper signed and completed court-approved in
forma pauperis application. Plaintiff was advised that failure to file the requested items within 28
days would result in dismissal of the action.
On August 5, 2020, plaintiff filed a letter inquiring about his action and purporting to
attach a copy of the prisoner’s trust account statement for the last six months. It did not.
On August 25, 2020, the court again notified plaintiff that the action was deficient because
plaintiff did not pay the requisite $400.00 filing fee or, instead, submit a proper signed and
completed court-approved in forma pauperis application. Plaintiff was advised that failure to file
the requested items within 28 days would result in dismissal of the action.
More than 28 days have elapsed; however, plaintiff has not provided the court with the
requisite item or sought an extension of time to do so. Plaintiff’s improper and incomplete in
forma pauperis application (ECF No. 2) is DENIED and the action is DISMISSED without
prejudice. The clerk shall close the file.
IT IS SO ORDERED.
Dated: October 13, 2020
CHARLES R. BREYER
United States District Judge
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