Filing 6

ORDER OF DISMISSAL by Judge Thelton E. Henderson denying 5 Motion to Appoint Counsel, case is dismissed without prejudice. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 6/8/2016)

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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. 16-cv-2331-TEH Plaintiff, 8 ORDER OF DISMISSAL 9 10 Dkt. No. 5 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 motion to appoint counsel but has not 24 filed a complaint or IFP application. 25 DISMISSED without prejudice. 26 (Docket No. 5) is DENIED. 27 28 This case is therefore The motion to appoint counsel No fee is due. 1 The clerk shall close the file. 2 IT IS SO ORDERED. 3 Dated: 6/8/2016 4 ________________________ THELTON E. HENDERSON United States District Judge 5 6 G:\PRO-SE\TEH\CR.16\Lavery2331.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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