King

Filing 5

ORDER IF DISMISSAL AS FILED IN ERROR; NO FEE IS DUE. Signed by Judge Jeffrey S. White on 10/14/09. (jjo, COURT STAFF) (Filed on 10/14/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN KING, JR., ) ) ) Plaintiff, ) ) v. ) CALIFORNIA MEDICAL FACILITY, ) ) ) Defendant. _________________________________ ) No. C 09-2405 JSW (PR) ORDER OF DISMISSAL AS FILED IN ERROR; NO FEE IS DUE

Plaintiff, a California prisoner, filed a letter with the Court, which the Clerk construed as a pro se civil rights action under 42 U.S.C § 1983. Plaintiff was sent a complaint and a motion to proceed in forma pauperis by the Clerk and informed that he must file such documents within thirty days and that his failure to do so would result in dismissal of this action. Plaintiff promptly responded to the Court's information by notifying the Court that he was not seeking to file a complaint, stating that he "decline[s] to file a civil action." In light of Plaintiff's prompt response to the Court, it appears that this action was opened in error and is now DISMISSED. As a result, no filing fee is due. The Clerk shall close the file and enter judgment in this matter. IT IS SO ORDERED. DATED: October 14, 2009 JEFFREY S. WHITE United States District Judge

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John King California Medical Facility P.O. Box P32616 Vacaville, CA 95696 Dated: October 14, 2009 JOHN KING, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-02405 JSW CERTIFICATE OF SERVICE

CALIFORNIA MEDICAL FACILITY
Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 14, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk