McCarther v. Daly

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/20/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 12/21/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 No. C 12-5700 WHA (PR) MARCEL MCCARTHER, ORDER OF DISMISSAL Plaintiff. 11 For the Northern District of California United States District Court 10 12 v. 13 S. DALY, 14 Defendant. / 15 16 On November 6, 2012, plaintiff, a county jail inmate, filed a complaint under 42 U.S.C. 17 1983. That day, the clerk notified plaintiff that he had neither paid the filing fee nor filed an 18 application to proceed in forma pauperis (“IFP”). Along with the notice, the clerk mailed to 19 plaintiff the court’s IFP forms, instructions for completing the forms, and a stamped return 20 envelope. In the notice, plaintiff was informed that the case would be dismissed if he did not 21 pay the fee or file a completed IFP application within thirty days. More than thirty days have 22 passed and plaintiff has neither filed an IFP application or paid the filing fee. He has instead 23 written a letter stating that, he wants the case to be dismissed. Accordingly, this case is 24 DISMISSED without prejudice. 25 The Clerk shall enter judgment and close the file. 26 IT IS SO ORDERED. 27 Dated: December 20 , 2012. 28 G:\PRO-SE\WHA\CR.12\MCCARTHER5700.DFP.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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