Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-00761-VRW

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Filed 06/24/2008

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 RICHARD C HUFF, 6 Plaintiff(s), 7 vs. 8 ROBERT A HOREL, 9 Defendant(s). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
G:\PRO-SE\VRW\CR.08\Huff, R1.dismissal.wpd

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No C 08-0761 VRW (PR) ORDER OF DISMISSAL (Doc # 2)

This civil rights action by a prisoner was filed on January 31, 2008. The court notified plaintiff in writing at that time that the action was deficient because plaintiff did not pay the requisite $ 350.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. See 28 USC § 1915(a)(2). Plaintiff was advised that failure to file the requested items within 30 days would result in dismissal of the action. More than 120 days have elapsed; however, plaintiff has not provided the court with the requisite items, or sought an extension of time to do so. Plaintiff's incomplete in forma pauperis application (doc # 2) is DENIED and the action is DISMISSED without prejudice. The clerk shall close the file and terminate all pending motions as moot. SO ORDERED. VAUGHN R WALKER United States District Chief Judge

Case 3:08-cv-00761-VRW

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Filed 06/24/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Huff, Plaintiff, v. Horel, et al, Defendant. /

Case Number: C08-0761 VRW 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 June 24, 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.

Richard C. Huff E-84710 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95531 Dated: June 24, 2008 Richard W. Wieking, Clerk By: Cora Klein, Deputy Clerk