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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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

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