Garcia-Ruiz

Filing 9

ORDER DISMISSING CASE. Signed by Judge James Donato on 10/6/17. (lrcS, COURT STAFF) (Filed on 10/6/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARCIA-RUIZ,
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-04855-JD

,
Defendant.

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This case was opened when plaintiff wrote a letter to the Court regarding prison condition.

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

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

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

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

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application. A copy of the court’s form for applications to proceed IFP was provided with the

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notice, along with a return envelope.

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Plaintiff has sent a letter stating he did not intend to open a new case. This case is
DISMISSED without prejudice and no fee is due. The clerk shall close the file.
IT IS SO ORDERED.
Dated: October 6, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARCIA-RUIZ,

Case No. 17-cv-04855-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on October 6, 2017, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Rogelio Garcia-Ruiz ID: J-53379
CTF NB WHA 217 UP
PO Box 705
Soledad, CA 93960-0705

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Dated: October 6, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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