Whitney

Filing 8

ORDER OF DISMISSAL because it was opened in error. No fee is due because the action was opened in error. The clerk shall close the file. (Illston, Susan) (Filed on 2/11/2014) Modified on 2/11/2014 (ysS, COURT STAFF). (Additional attachment(s) added on 2/11/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re.

No. C 14-108 SI (pr)

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JOEL P. WHITNEY,

ORDER OF DISMISSAL

United States District Court
For the Northern District of California

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Plaintiff.

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Plaintiff sent to the court a letter complaining about his medical care in prison. In an
effort to protect his rights, a new action was opened and the letter was filed on January 8, 2014.
Plaintiff was informed that he had not filed a complaint, and was given 28 days to do so or the
action would be dismissed. He also was sent a notice that he had not paid the filing fee or
applied for leave to proceed in forma pauperis, and was given 28 days to either pay the fee or
file the application or the action would be dismissed. Plaintiff did not file a complaint or file an
in forma pauperis application or pay the fee. He did, however, send a letter in which he stated
that he had not intended to file a new civil action; rather, he had intended his earlier letter to be
for informational purposes and was not yet prepared to file a complaint because he has several
things to take care of before he could file a complaint (e.g., exhausting administrative remedies
and file a government control claim for his state law claims). This action therefore is
DISMISSED because it was opened in error. No fee is due because the action was opened in
error. The clerk shall close the file.
IT IS SO ORDERED.
Dated: February 11, 2014

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SUSAN ILLSTON
United States District Judge