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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C 13-0155 WHA (PR)

In re

ORDER OF DISMISSAL

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ERIC M. ROBINSON,
(Dkt. 4)

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Plaintiff.
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/
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On January 11, 2013, plaintiff, a prisoner of the State of California, filed a letter

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complaining of actions by prison employees. That day, the clerk notified plaintiff that he had

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not filed a complaint, and that he had neither paid the filing fee nor filed an application to

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proceed in forma pauperis (“IFP”). Along with the notices, the clerk mailed to plaintiff the

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court’s complaint and IFP forms, instructions for completing the forms, and a stamped return

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envelope. In the notices, plaintiff was informed that the case would be dismissed if he did not

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file a complaint, and pay the fee or file a completed IFP application, within thirty days. More

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than thirty days have passed, and plaintiff has not filed a complaint, paid the filing fee, or filed

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an IFP application. Accordingly, this case is DISMISSED without prejudice. See Thomas v.

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Anchorage Equal Rights Comm’n, 220 F.3d 1134, 1138-39 (9th Cir. 2000) (en banc) (federal

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courts are restricted by the constitution to ruling on cases or controversies). Plaintiff has filed a

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motion to transfer this case to the Central District, which is DENIED because there is no

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pleading, or case or controversy, to transfer. If plaintiff wishes to pursue a case in that court, he

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must file a complaint or habeas petition there.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: February

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, 2013.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\CR.13\ROBINSON0155.DFP.wpd

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