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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QOBEY,
Plaintiff,

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United States District Court
Northern District of California

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ORDER OF DISMISSAL

v.

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Case No. 17-cv-03515-JD

Re: Dkt. No. 5
,
Defendant.

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This case was opened when plaintiff wrote a letter to the Court regarding his detention. In

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an effort to protect his rights, it was filed as a new case. Petitioner was advised that he needed to

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file a formal complaint or habeas petition and was given twenty-eight days to do so. He also was

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sent a notice that he had not paid the filing fee or applied for leave to proceed in forma pauperis

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(“IFP”); again, he was allowed twenty-eight days to either pay the fee or file the application. A

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copy of the court’s form for applications to proceed IFP was provided with the notice, along with

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a return envelope.

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Petitioner has submitted an IFP application but has failed to file a complaint or petition.

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The motion to proceed IFP (Docket No. 5) is GRANTED and this case is DISMISSED without

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prejudice. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: August 17, 2017

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JAMES DONATO
United States District Judge