Filing 8

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 3/17/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 3/17/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 12 ) ) ) ) ) In re TYLER R. JOHNSON, BA4465, ) ) Plaintiff. ) ) ___________________________________ ) No. C 17-0599 CRB (PR) ORDER OF DISMISSAL On February 6, 2017, the clerk filed as a new prisoner action a letter from 13 plaintiff complaining of inadequate medical care at San Quentin State Prison. On 14 that same date, the court notified plaintiff in writing that the action was deficient 15 because he did not file an actual complaint or pay the requisite filing fee or, 16 instead, submit a signed and completed court-approved in forma pauperis (IFP) 17 application. Plaintiff was advised that failure to file the requested items within 28 18 days would result in dismissal of the action. 19 Plaintiff instead filed a letter explaining that he did not intend his letter to 20 be filed as a new action because he still is exhausting administrative remedies. 21 Good cause appearing, the case is DISMISSED without prejudice. The clerk is 22 instructed to close this matter as improvidently opened. No filing fee is due. 23 SO ORDERED. 24 DATED: March 17, 2017 25 26 27 28 G:\PRO-SE\CRB\CR.17\Johnston, T.17-0588.dismissal.wpd _________________________ CHARLES R. BREYER United States District Judge

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