Milazo v. Tilton et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge Phyllis J. Hamilton on 12/4/08. (Attachments: # 1 Certificate of Service)(fj, COURT STAFF) (Filed on 12/4/2008)

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1 2 3 4 5 6 7 8 9 10 vs. JAMES TILTON, Secretary, CDCR; N. GRANNIS, Chief, Inmate Appeals Division; P. DELVILLAR; MICHAEL EVANS; G. A. NEOTTI; K. JONES; R. A. KESSLER; G. LEWIS; P. ROGUE; G. R. SALAZAR; N. CLARK; A. KUHNERT; A. VILLALOBOS; Sergeant HOGDAN; and Lieutenant MAJIEA, Defendants. / MARK F. MILAZO, Plaintiff, No. C 08-1147 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This pro se civil rights action filed by a state prisoner. Plaintiff was granted leave to proceed in forma pauperis ("IFP") in an order entered on October 3, 2008, and ordered to pay a partial initial filing fee of $128.00 within thirty days. See 28 U.S.C. 1915(b)(1) (requiring district courts to assess and collect partial initial filing fees from prisoners allowed to proceed IFP). The time to pay the partial fee has long since passed and plaintiff has not paid it. This case therefore is DISMISSED without prejudice for failure to pay the partial fee. The clerk shall close the file. IT IS SO ORDERED. Dated: December 4 , 2008. PHYLLIS J. HAMILTON United States District Judge G:\PRO-SE\PJH\CR.08\MILANZO1147.DSM-ifp.wpd

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