Filing 8

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 01/11/2016. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 1/12/2016) (Additional attachment(s) added on 1/12/2016: # 2 Certificate/Proof of Service) (tmi, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN RE JOSEPH P. LAVERY, Case No. 15-cv-5577-TEH Plaintiff, 8 ORDER OF DISMISSAL 9 10 United States District Court Northern District of California 11 12 13 This case was opened when Plaintiff wrote a letter to the 14 Court regarding prison conditions. 15 rights, it was filed as a new case. 16 he had not filed a complaint and was given twenty-eight days to 17 do so. 18 fee or applied for leave to proceed in forma pauperis (“IFP”); 19 again, he was allowed twenty-eight days to either pay the fee or 20 file the application. 21 applications to proceed IFP was provided with the notice, along 22 with a return envelope. 23 In an effort to protect his Plaintiff was informed that He also was sent a notice that he had not paid the filing A copy of the Court’s form for Plaintiff has filed a notice that he did not intend to 24 initiate an action and seeks to dismiss this case. 25 therefore DISMISSED without prejudice pursuant to Fed. R. Civ. P. 26 41(a). 27 28 No fee is due. This case is 1 The clerk shall close the file. 2 IT IS SO ORDERED. 3 Dated: 01/11/2016 4 ________________________ THELTON E. HENDERSON United States District Judge 5 6 G:\PRO-SE\TEH\CR.15\Lavery5577.dis-ifp.docx 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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