Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/24/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 5/1/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 In re No. C 12-1504 WHA (PR) ORDER OF DISMISSAL 8 STEVE CHENNAULT, 9 Plaintiff. / 11 For the Northern District of California United States District Court 10 12 On March 26, 2012, plaintiff, a prisoner of the State of California, filed a letter 13 complaining of conditions at his prison in San Diego County. That day, the clerk 14 notified plaintiff that he had not filed a complaint, and that he had neither paid the filing 15 fee nor filed an application to proceed in forma pauperis (“IFP”). Along with the 16 notices, the clerk mailed to plaintiff the court’s complaint and IFP forms, instructions for 17 completing the forms, and a stamped return envelope. In the notices, plaintiff was 18 informed that the case would be dismissed if he did not file a complaint, and pay the fee 19 or file a completed IFP application, within thirty days. In response, plaintiff has written 20 a letter stating that he does not want to proceed with a civil action at this time, and 21 requesting that his case be dismissed without prejudice. Accordingly, this case is 22 DISMISSED without prejudice. See Fed. R. Civ. P. 41(a). The clerk shall enter judgment 23 and close the file. 24 IT IS SO ORDERED. 25 26 Dated: April 24 , 2012. 27 28 G:\PRO-SE\WHA\CR.12\CHENNAULT1504.DFP.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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