Pickering

Filing 5

ORDER DISMISSING CASE without prejudice. Signed by Judge Thelton E. Henderson on 12/1/10. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 12/1/2010)

Pickering

Doc. 5

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 13, 2010, pro se prisoner Wayne L. Pickering filed a letter with the Court that discussed the medical care he received while a prisoner in the California Department of Corrections ("CDCR"). Doc. #1. The Court Clerk notified Plaintiff JOHN DOE, Defendant. / v. WAYNE L. PICKERING, Plaintiff, ORDER OF DISMISSAL No. C-10-4616 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

in writing at that time that because he neither filed a formal civil rights complaint under 42 U.S.C. § 1983 using the court-approved form nor did he pay the requisite $ 350.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a completed certificate of funds in his prison account and a copy of his prison trust account statement for the last six months obtained from the appropriate prison official,

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the action was deficient.

See 28 U.S.C. § 1915(a)(2).

Plaintiff

was advised that failure to file the requested items within thirty (30) days would result in dismissal of the action. Doc. ## 2 & 3.

On October 27, 2010, Plaintiff filed another letter with the Court, explaining that although he wished to pursue a federal civil rights action against CDCR he had not yet exhausted administrative remedies. Doc. #4. Almost fifty days have elapsed since Plaintiff was notified of his filing deficiencies; however, he has neither provided the Court with the requisite items nor filed a request for an extension of time to do so. without prejudice. The action, therefore, is DISMISSED

Plaintiff is advised he may file a new action

using the appropriate court-approved forms after he has exhausted administrative remedies. The Clerk is directed to terminate all pending motions as moot and close the file.

IT IS SO ORDERED.

DATED

12/1/10 THELTON E. HENDERSON United States District Judge

G:\PRO-SE\TEH\CR.10\Pickering-10-4616-no complaint-no ifp-dismissal.wpd

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