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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 IN RE 9 JEFFREY HARDING, No. C-11-3522 EMC (pr) ORDER OF DISMISSAL Plaintiff. ___________________________________/ 11 For the Northern District of California United States District Court 10 12 13 This action was opened when the Court received from Jeffrey Harding a memo addressed to 14 the California Prison Health Care Receivership Corp. that was mailed to the Court's law library. The 15 letter expressed displeasure with medical care in the prison at which Harding was housed. The 16 Clerk opened a case file, and sent out a notice that Harding had not filed a complaint, and cautioned 17 that the action would be dismissed if he did not submit a complaint within thirty days. The Clerk 18 also sent out a notice that the action was deficient due to the failure to pay the filing fee or furnish a 19 completed and signed court-approved in forma pauperis application, and cautioned that the action 20 would be dismissed if he did not pay the fee or file the application materials within thirty days. 21 Harding then sent a letter stating that he did not intend to file a complaint and requested that the 22 action be dismissed without prejudice. (Docket # 4.) 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 In light of Harding's explanation that his letter was not intended to be a complaint to 2 commence a new action, this action is DISMISSED without prejudice because it was opened in 3 error. No filing fee is due. The Clerk shall close the file. 4 5 IT IS SO ORDERED. 6 7 Dated: October 21, 2011 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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