Filing 5

ORDER of Dismissal. Signed by Judge Edward M. Chen on 12/21/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 12/21/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 In Re 9 SAMUEL N. BROWN, Plaintiff. ___________________________________/ ORDER OF DISMISSAL 11 For the Northern District of California United States District Court 10 No. C-12-4862 EMC (pr) 12 13 This action was opened on September 17, 2012, when the Court received from Samuel N. 14 Brown a letter with some exhibits concerning alleged retaliation against him in prison. On that date, 15 the Court notified Plaintiff in writing that his action was deficient in that he had not attached a 16 complaint and had not filed an in forma pauperis application. The Court further notified Plaintiff 17 that this action would be dismissed if he did not submit a complaint and in forma pauperis 18 application within thirty days. Plaintiff did not file a complaint or in forma pauperis application. 19 Instead, he sent a letter dated October 16, 2012, requesting that the action be dismissed because he 20 did not intend to file a civil action at this time. (Docket # 4.) Accordingly, this action is 21 DISMISSED without prejudice for failure to submit a pleading showing the Court has subject 22 matter jurisdiction. The Clerk shall close the file. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: December 21, 2012 _________________________ EDWARD M. CHEN United States District Judge

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