Barros v. Blim

Filing 6

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 12/21/11. (jjoS, COURT STAFF) (Filed on 12/21/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 In re JOHN BARROS, 9 Plaintiff. 10 ) ) ) ) ) ) ) No. C 11-4705 JSW (PR) ORDER OF DISMISSAL 11 12 This case was opened when, on September 21, 2011, the Court received a letter 13 from Plaintiff, a prisoner of the State of California. Although the Clerk filed the letter as 14 a “Complaint,” it is not a complaint. It sets forth a narrative about prison medical care, 15 but it does not name any defendants, state any causes of action, or specify the relief 16 being sought. Consequently, on the day the letter was filed, the Clerk notified Plaintiff 17 that he must file either a complaint or an or a petition within thirty days or the case 18 would be dismissed and the file closed. It appears from Plaintiff’s further 19 correspondence that he did not intend to file a complaint in this Court (see Docket No. 20 4), and in any event he has not done so in response to the Court’s notice. Plaintiff has 21 also not responded to the deficiency notice regarding his failure to pay the filing fee or 22 file an in forma pauperis application, and he was warned that no response would also 23 result in the dismissal of this action. Consequently, this case is DISMISSED without 24 prejudice. 25 The Clerk shall enter judgment and close the file. 26 IT IS SO ORDERED. 27 DATED: December 21, 2011 28 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 JOHN BARROS, Plaintiff, 7 8 9 10 Case Number: CV11-04705 JSW CERTIFICATE OF SERVICE v. // et al, Defendant. / 11 12 13 14 15 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 December 21, 2011, 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. 16 17 19 John Barros J59462 P.O. Box 409060 Ione, CA 95640 20 Dated: December 21, 2011 18 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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