Lee v. Unknown - name not given

Filing 8

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 7/19/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/22/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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In re ERNEST LEE, C-57246,
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Plaintiff.
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No. C 13-2485 CRB (PR)
ORDER OF DISMISSAL
(Docket #5)

On June 3, 2013, the clerk filed as a new action a letter by plaintiff alleging

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inadequate medical care at California State Prison, Corcoran. On that same date,

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the court notified plaintiff in writing that the action was deficient because he did

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not file an actual complaint or pay the requisite filing fee or, instead, submit a

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signed and completed court-approved in forma pauperis application. Plaintiff was

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advised that failure to file the requested items within 30 days would result in

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dismissal of the action.

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Plaintiff has filed a request/motion seeking dismissal of the action on the

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ground that he did not intend to file a federal civil rights case, but rather a state

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habeas case. Docket #5 at 1. Good cause appearing, plaintiff’s request/motion

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(docket #5) is GRANTED and the action is DISMISSED without prejudice.

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The clerk shall close this matter as improvidently opened. No filing fee is

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due.

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SO ORDERED.

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DATED: July 19, 2013

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G:\PRO-SE\CRB\CR.13\Lee, E.13-2485.dismissal.wpd

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CHARLES R. BREYER
United States District Judge