Peralta Q v. Six Unknown Names Agents et al
Filing
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ORDER Dismissing Action, without Prejudice, for Failure to Obey Court Order, signed by Chief Judge Anthony W. Ishii on 6/30/11. CASE CLOSED. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO PERALTA Q,
CASE NO. 1:11-cv-00714-AWI-SKO (PC)
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Plaintiff,
ORDER DISMISSING ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO OBEY
COURT ORDER
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v.
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SIX UNKNOWN NAMES
AGENTS, et al.,
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(Doc. 3)
Defendants.
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On May 4, 2011, Plaintiff Francisco Peralta Q, a federal prisoner proceeding pro se, filed
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what was construed as a civil rights complaint. The complaint was not signed and it set forth no
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intelligible claims for relief. Because the Court cannot consider unsigned filings, the complaint was
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stricken from the record on May 9, 2011, and Plaintiff was ordered to file a signed complaint within
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thirty days. In addition, Plaintiff was ordered to either file a motion seeking leave to proceed in
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forma pauperis or pay the $350.00 filing fee in full within thirty days. Plaintiff has not timely
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complied with the Court’s order or otherwise responded, and Plaintiff was warned that this action
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would be dismissed if he did not comply.
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A civil action may not proceed absent the submission of a pleading and either an application
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to proceed in forma pauperis or the filing fee. 28 U.S.C. §§ 1914, 1915; Fed. R. Civ. P. 3. Because
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Plaintiff has not responded to the Court’s order to submit a signed complaint and either an
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application to proceed in forma pauperis or the filing fee, dismissal of this action is appropriate. In
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re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
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Local Rule 110.
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Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for
failure to obey a court order.
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IT IS SO ORDERED.
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Dated:
0m8i78
June 30, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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