Williams

Filing 9

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 10/1/2015. (knm, COURT STAFF) (Filed on 10/1/2015)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 BOBBY WILLIAMS, Case No. 15-cv-03634-VC (PR) Plaintiff, 5 ORDER OF DISMISSAL v. 6 7 , Defendant. 8 9 10 United States District Court Northern District of California 11 12 13 14 On August 10, 2015, Bobby Williams, a state prisoner, initiated this action by filing a letter describing the poor medical treatment he was receiving at his prison. On the same date, the Clerk of the Court sent Williams notices that he must file a completed civil rights complaint on the proper form and a completed in forma pauperis application (or pay the $400 filing fee) within twenty-eight days or his case would be dismissed and the file closed. The Clerk also mailed Williams copies of the required forms. 15 More than twenty-eight days have passed and Williams has not filed the required 16 17 18 19 20 21 22 documents or paid the filing fee. He has filed a document entitled, “request to set-aside petition until exhaustion of administrative remedies,” stating he will “file to this court under the given case no. CV 15-3634 as soon as my Administrative Remedies have been exhausted.” The Court denies this request. However, Williams may file a new case using the Court’s civil rights complaint form when he has exhausted his administrative remedies. This action is dismissed without prejudice for failure to file a completed in forma pauperis application and complaint. The Clerk shall close the file. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 1, 2015 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAMS, Case No. 15-cv-03634-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 , Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 1, 2015, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 Bobby Williams ID: ID: C-33295 San Quentin State Prison San Quentin, CA 94974 21 22 Dated: October 1, 2015 23 24 Susan Y. Soong Clerk, United States District Court 25 26 27 28 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 2

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