Smith v. Hernandez et al
| Gary P. Smith |
| Robert J Hernandez, J R Sandlin, P. Zinser, R. Lawson, F. Labaco, T. Stoll and John Does 7-16 |
| 3:2007cv01585 |
| December 4, 2007 |
| US District Court for the Southern District of California |
| San Diego Office |
| Lassen |
| Cathy Ann Bencivengo |
| Napoleon A. Jones |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
5
ORDER DISMISSING CASE, (1) Plaintiffs Motion to Proceed IFP [Doc. No. 4] is DENIED.(2) This action is DISMISSED without prejudice for failure to prepay the $350 filing fee mandated by 28 U.S.C. § 1914(a), and for failure to successfully mov e to proceed IFP pursuant to 28 U.S.C. § 1915(a). (3) Plaintiff if GRANTED forty five (45) days from the date this Order is Filed toeither: (1) pay the entire $350 filing fee, or (2) file a new Motion to Proceed IFP, which includes a certif ied copy of his trust account statement for the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 3.2(b). IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with a Court-approved form Motion and Declaration in Support of Motion to Proceed IFP in this matter. If Plaintiff neither pays the $350 filing fee in full nor sufficiently completes and files the attached Motion to Proceed IFP, together with a certifi ed copy of his prison trust account statement within 45 days, this action shall remained closed without further Order of the Court. Signed by Judge Roger T. Benitez on 09/21/07. CC Court-approved form Motion and Declaration in Support of Motion to Proceed IFP(joeh)
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