Filing 11

ORDER of Dismissal. Signed by Judge Edward M. Chen on 12/16/2013. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 12/16/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 In Re 9 MICHAEL D. ROGERS, No. C-13-2567 EMC (pr) ORDER OF DISMISSAL Plaintiff. ___________________________________/ 11 For the Northern District of California United States District Court 10 12 This action was opened on June 6, 2013, when the Court received from Michael D. Rogers a 13 copy of a letter requesting materials from the San Francisco DNA Criminalistic Laboratory. On that 14 date, the Court notified Mr. Rogers in writing that his action was deficient in that he had not 15 attached a complaint and had not filed an in forma pauperis application. The Court further notified 16 him that this action would be dismissed if he did not submit a complaint within twenty-eight days. 17 Mr. Rogers did not file a complaint, although he did file a motion for leave to proceed in forma 18 pauperis. In light of his failure to file a complaint or other pleading, this action is DISMISSED 19 without prejudice for failure to submit a pleading showing the Court has subject matter jurisdiction 20 and the motion to proceed in forma pauperis is DISMISSED as moot. (Docket # 6 and # 9.) The 21 Clerk shall close the file. No filing fee is due. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: December 16, 2013 _________________________ EDWARD M. CHEN United States District Judge

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