Smith v. Klu Klux Klan
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JAMES E. SMITH,
KU KLUX KLAN,
No. C 11-4806 LHK (PR)
ORDER OF DISMISSAL
On September 28, 2011, Plaintiff, a state prisoner proceeding pro se, filed a civil rights
complaint. The same day, the Clerk notified Plaintiff that he had not paid the filing fee, nor had
he filed an application to proceed in forma pauperis (“IFP”). Along with the deficiency notice,
Plaintiff was provided with a new IFP application and instructions for completing it. Plaintiff
was further cautioned that his failure to either file a completed IFP application or pay the filing
fee within thirty days would result in the dismissal of this action. To date, Plaintiff has not
communicated with the Court. Accordingly, the instant action is DISMISSED without prejudice
to Plaintiff filing a new action in which he either pays the filing fee or files a completed IFP
application. The Clerk shall enter judgment and close the file.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order of Dismissal
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