Smith v. Klu Klux Klan

Filing 3

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 11/11/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 11/14/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 JAMES E. SMITH, 9 Plaintiff, 10 v. 11 KU KLUX KLAN, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) No. C 11-4806 LHK (PR) ORDER OF DISMISSAL On September 28, 2011, Plaintiff, a state prisoner proceeding pro se, filed a civil rights 15 complaint. The same day, the Clerk notified Plaintiff that he had not paid the filing fee, nor had 16 he filed an application to proceed in forma pauperis (“IFP”). Along with the deficiency notice, 17 Plaintiff was provided with a new IFP application and instructions for completing it. Plaintiff 18 was further cautioned that his failure to either file a completed IFP application or pay the filing 19 fee within thirty days would result in the dismissal of this action. To date, Plaintiff has not 20 communicated with the Court. Accordingly, the instant action is DISMISSED without prejudice 21 to Plaintiff filing a new action in which he either pays the filing fee or files a completed IFP 22 application. The Clerk shall enter judgment and close the file. 23 IT IS SO ORDERED. 11/11/11 DATED: 24 LUCY H. KOH United States District Judge 25 26 27 28 Order of Dismissal P:\pro-se\sj.lhk\cr.11\Smith806disifp

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