Lewis v. California Department of Correction

Filing 6

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 10/17/08. (lrc, COURT STAFF) (Filed on 10/20/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\CR.08\Lewis3220.DISIFP.frm v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendant. / REGINALD T. LEWIS, Plaintiff, No. C 08-03220 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. 1983. Plaintiff filed a completed in forma pauperis application; however, he did not file copies of his certificate of funds and prisoner trust account statement. In an Order dated August 29, 2008, the Court notified Plaintiff that his in forma pauperis application was deficient due to the failure to include a signed certificate of funds and a prisoner trust account statement for the previous six months. The Court informed him that his action could not go forward until he filed the necessary documents within thirty days, and that his failure to do so would result in dismissal of this action. More than thirty days have passed and Plaintiff has not submitted a signed certificate of funds and a prisoner trust account statement. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Plaintiff's in forma pauperis application is DENIED as incomplete. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall close the file. IT IS SO ORDERED. DATED: 10/17/08 SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA REGINALD T. LEWIS, Plaintiff, v. CA DEPT OF CORRECTION et al, Defendant. / Case Number: CV08-03220 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 20, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Reginald T. Lewis P95159 California State Prison - San Quentin San Quentin, CA 94964 Dated: October 20, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\CR.08\Lewis3220.DISIFP.frm 2

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