Robles v. Posson et al

Filing 9

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARVIN LEE ROBLES, BB1222,
Plaintiff,

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ORDER OF DISMISSAL

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v.

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S. POSSON, et al.,

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Case No. 20-cv-05129-CRB (PR)

(ECF No. 2)

Defendant(s).
This civil rights action by a prisoner was filed on July 27, 2020. The court notified

United States District Court
Northern District of California

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plaintiff in writing at that time that the action was deficient because plaintiff did not pay the

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requisite $400.00 filing fee or, instead, submit a proper signed and completed court-approved in

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forma pauperis application. Plaintiff was advised that failure to file the requested items within 28

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days would result in dismissal of the action.

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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

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plaintiff did not pay the requisite $400.00 filing fee or, instead, submit a proper signed and

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completed court-approved in forma pauperis application. Plaintiff was advised that failure to file

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the requested items within 28 days would result in dismissal of the action.

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More than 28 days have elapsed; however, plaintiff has not provided the court with the

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requisite item or sought an extension of time to do so. Plaintiff’s improper and incomplete in

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forma pauperis application (ECF No. 2) is DENIED and the action is DISMISSED without

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prejudice. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: October 13, 2020
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CHARLES R. BREYER
United States District Judge