Robinson
Filing
5
ORDER DISMISSING CASE. Signed by Judge William Alsup on 2/28/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 2/28/2013)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
11
For the Northern District of California
United States District Court
10
No. C 13-0155 WHA (PR)
In re
ORDER OF DISMISSAL
12
13
ERIC M. ROBINSON,
(Dkt. 4)
14
Plaintiff.
15
/
16
17
On January 11, 2013, plaintiff, a prisoner of the State of California, filed a letter
18
complaining of actions by prison employees. That day, the clerk notified plaintiff that he had
19
not filed a complaint, and that he had neither paid the filing fee nor filed an application to
20
proceed in forma pauperis (“IFP”). Along with the notices, the clerk mailed to plaintiff the
21
court’s complaint and IFP forms, instructions for completing the forms, and a stamped return
22
envelope. In the notices, plaintiff was informed that the case would be dismissed if he did not
23
file a complaint, and pay the fee or file a completed IFP application, within thirty days. More
24
than thirty days have passed, and plaintiff has not filed a complaint, paid the filing fee, or filed
25
an IFP application. Accordingly, this case is DISMISSED without prejudice. See Thomas v.
26
Anchorage Equal Rights Comm’n, 220 F.3d 1134, 1138-39 (9th Cir. 2000) (en banc) (federal
27
courts are restricted by the constitution to ruling on cases or controversies). Plaintiff has filed a
28
motion to transfer this case to the Central District, which is DENIED because there is no
1
pleading, or case or controversy, to transfer. If plaintiff wishes to pursue a case in that court, he
2
must file a complaint or habeas petition there.
3
The Clerk shall enter judgment and close the file.
4
IT IS SO ORDERED.
5
Dated: February
28
, 2013.
6
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
7
8
9
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
G:\PRO-SE\WHA\CR.13\ROBINSON0155.DFP.wpd
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?