Cunningham
Cunningham v. Ramos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MELVIN LYNN CUNNINGHAM, Jr. Case No.: 3:23-cv-00351-JAH-NLS
CDCR # F78919
ORDER DISMISSING CIVIL
Plaintiff, ACTION FOR FAILURE TO vs. PROSECUTE
15 ALFONSO RAMOS, Correctional 16 Officer; JESSICA MORA, Correctional Officer, Defendants. 19 On February 21, 2023, Melvin Cunnigham Jr. (“Plaintiff” or “Cunningham”), filed a civil rights action (“Compl.”) pursuant to 42 U.S.C. § 1983. See ECF No. 1. While he later filed a Prisoner Trust Account Statement on February 24, 2023, the Court dismissed the case on April 25, 2023 without prejudice because Cunningham had failed to either pay the civil filing fee or file a Motion to Proceed in Forma Pauperis (“IFP”). See ECF Nos. 3, 5. Cunningham was given forty-five (45) days from the date of the Order to either pay the $402 civil filing fee or file an IFP motion together with a certified trust account statement or prison certificate. ECF No. 5. / / / On June 14, …