4:13-cv-02839 | N.D. Cal. | Aug 27, 2013

Case 4:13-cv-02839-PJH Document 5 Filed 08/27/13 Page 1 of 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION In re DAVID MARTINEZ aka ROBERT ANDREAS VASQUEZ, No. C 13-2839 PJH (PR) Plaintiff ORDER OF DISMISSAL / Plaintiff, a state prisoner has filed a pro se civil rights complaint under 42 U.S.C. § 1983, however he did not pay the filing fee or submit an application to proceed in forma pauperis (“IFP”). Plaintiff was sent a notice that he had not paid the filing fee or applied for leave to proceed IFP; and was allowed thirty days to either pay the fee or file the application. A copy of the court's form for applications to proceed IFP was provided with the notice, along with a return envelope.

The time period has passed and plaintiff has not filed a completed IFP application or paid the filing fee. Plaintiff did file a miscellaneous motion, that contains a partial IFP application, however the rest of the motion is rambling, confusing and incomprehensible. Plaintiff has filed similar cases and motions in this district, No. C 13-1053 PJH (PR), No. C 12-6515 PJH (PR), and in the Eastern District of California, No. 12-2562 JAM CKD. Therefore, the case will be dismissed for failure to pay the filing fee or submit an IFP application.

CONCLUSION Plaintiff’s motion (Docket No. 4) is DENIED and this case is DISMISSED without prejudice. No fee is due. The clerk shall close the file. IT IS SO ORDERED. Dated: August 27, 2013. PHYLLIS J. HAMILTON United States District Judge