Luster v. Stockton General et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JUSTIN TYRELL LUSTER,
Plaintiff,
v.
STOCKTON GENERAL E.N.T. DOCTOR,
et al.,
Defendants.
Case No. 26-cv-08547-JST
ORDER OF DISMISSAL
On or about August 17, 2026, Plaintiff filed a pro se civil rights complaint with this Court,
ECF No. 1, and a state court request to waive court fees, ECF No. 2. That same day, the Court
informed Plaintiff that this action was deficient because (1) he had not signed his complaint as
required by the Federal Rules of Civil Procedure, ECF No. 3; and (2) he had not submitted the
correct in forma pauperis application, ECF No. 3. The Court ordered Plaintiff to submit a signed
copy of his complaint, and a correct and complete in forma pauperis application by September 14,
2026. ECF Nos. 3, 4. The Court informed him that failure to comply with this deadline would
result in the action being dismissed without prejudice. ECF Nos. 3, 4. The Court sent Plaintiff a
copy of his unsigned complaint and the correct in forma pauperis application. ECF Nos. 3, 4.
The deadline has passed and Plaintiff has not filed a signed complaint and has not filed a complete
in forma pauperis application. Plaintiff has not communicated with the Court since he filed this
action.
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Case 4:26-cv-08547-JST Document 9 Filed 10/14/26 Page 1 of 2

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United States District Court
Northern District of California
Accordingly, this action is DISMISSED for failure to file a complete in forma pauperis
application or, in the alternative, pay the full filing fee. The dismissal is without prejudice to
Plaintiff filing a motion to reopen the action. Any motion to reopen must be accompanied by (1) a
signed complaint; and (2) either the filing fee or a complete in forma pauperis application.
IT IS SO ORDERED.
Dated: October 14, 2026
______________________________________
JON S. TIGAR
United States District Judge
Case 4:26-cv-08547-JST Document 9 Filed 10/14/26 Page 2 of 2