Filing 6

ORDER of Dismissal. Signed by Judge Edward M. Chen on 4/23/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/23/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 In Re 9 MICHAEL GRIMES, Plaintiff. ___________________________________/ ORDER OF DISMISSAL 11 For the Northern District of California United States District Court 10 No. C-12-0273 EMC (pr) No. C-12-0274 EMC (pr) 12 13 These two actions were opened when the Court received letters from Michael Grimes in 14 which he complained about prison conditions at Mule Creek State Prison. The Court notified Mr. 15 Grimes in writing that each action was deficient in that he had not attached a complaint or petition 16 and had not filed an in forma pauperis application. The Court further notified him that each action 17 would be dismissed if he did not submit a complaint or petition, and an in forma pauperis 18 application, within thirty days. Mr Grimes did not file a complaint or a petition, and did not file an 19 in forma pauperis application, in either action. Instead, he wrote a letter to the Court in which he 20 asked that the Court to "cancel" the two actions. (Docket # 5 in Case No. C-12-0274 EMC.) In his 21 letter, Mr. Grimes seemed to indicate that the letters were intended to be exhibits in his earlier-filed 22 action, i.e., Grimes v. Mule Creek State Prison Health Care, Case No. C-12-0029 EMC, and were 23 not intended to commence new actions. 24 /// 25 /// 26 /// 27 /// 28 /// 1 2 Accordingly, these actions are DISMISSED without prejudice because they were opened in error. No fee is due. 3 The Clerk will e-file in Case No. C-12-0029 EMC a copy of Docket # 1 from Case No. C-12- 4 0273 EMC and a copy of Docket # 1 from Case No. C-12-0274 EMC. The Clerk then will close the 5 file. 6 7 IT IS SO ORDERED. 8 9 Dated: April 23, 2012 _________________________ EDWARD M. CHEN United States District Judge 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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