Qobey v.

Filing 9

ORDER DISMISSING CASE. Signed by Judge jam on 8/17/17. (lrcS, COURT STAFF) (Filed on 8/17/2017) (Additional attachment(s) added on 8/17/2017: # 1 Certificate/Proof of Service) (lrcS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 QOBEY, Plaintiff, 8 United States District Court Northern District of California 11 ORDER OF DISMISSAL v. 9 10 Case No. 17-cv-03515-JD Re: Dkt. No. 5 , Defendant. 12 13 This case was opened when plaintiff wrote a letter to the Court regarding his detention. In 14 an effort to protect his rights, it was filed as a new case. Petitioner was advised that he needed to 15 file a formal complaint or habeas petition and was given twenty-eight days to do so. He also was 16 sent a notice that he had not paid the filing fee or applied for leave to proceed in forma pauperis 17 (“IFP”); again, he was allowed twenty-eight days to either pay the fee or file the application. A 18 copy of the court’s form for applications to proceed IFP was provided with the notice, along with 19 a return envelope. 20 Petitioner has submitted an IFP application but has failed to file a complaint or petition. 21 The motion to proceed IFP (Docket No. 5) is GRANTED and this case is DISMISSED without 22 prejudice. The clerk shall close the file. 23 24 IT IS SO ORDERED. Dated: August 17, 2017 25 26 27 28 JAMES DONATO United States District Judge

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