Harding

Filing 5

ORDER of Dismissal. Signed by Judge Edward M. Chen on 10/21/2011. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 10/21/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE

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JEFFREY HARDING,

No. C-11-3522 EMC (pr)
ORDER OF DISMISSAL

Plaintiff.
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For the Northern District of California

United States District Court

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This action was opened when the Court received from Jeffrey Harding a memo addressed to

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the California Prison Health Care Receivership Corp. that was mailed to the Court's law library. The

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letter expressed displeasure with medical care in the prison at which Harding was housed. The

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Clerk opened a case file, and sent out a notice that Harding had not filed a complaint, and cautioned

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that the action would be dismissed if he did not submit a complaint within thirty days. The Clerk

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also sent out a notice that the action was deficient due to the failure to pay the filing fee or furnish a

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completed and signed court-approved in forma pauperis application, and cautioned that the action

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would be dismissed if he did not pay the fee or file the application materials within thirty days.

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Harding then sent a letter stating that he did not intend to file a complaint and requested that the

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action be dismissed without prejudice. (Docket # 4.)

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In light of Harding's explanation that his letter was not intended to be a complaint to

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commence a new action, this action is DISMISSED without prejudice because it was opened in

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error. No filing fee is due. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: October 21, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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