Filing 9

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

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GARCIA-RUIZ, Plaintiff, 8 United States District Court Northern District of California 11 ORDER OF DISMISSAL v. 9 10 Case No. 17-cv-04855-JD , Defendant. 12 13 This case was opened when plaintiff wrote a letter to the Court regarding prison condition. 14 In an effort to protect his rights, it was filed as a new case. Petitioner was advised that he needed 15 to file a formal complaint or habeas petition and was given twenty-eight days to do so. He also 16 was sent a notice that he had not paid the filing fee or applied for leave to proceed in forma 17 pauperis (“IFP”); again, he was allowed twenty-eight days to either pay the fee or file the 18 application. A copy of the court’s form for applications to proceed IFP was provided with the 19 notice, along with a return envelope. 20 21 22 23 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 24 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GARCIA-RUIZ, Case No. 17-cv-04855-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 , Defendant. 8 9 10 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 11 12 13 14 15 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. 16 17 18 Rogelio Garcia-Ruiz ID: J-53379 CTF NB WHA 217 UP PO Box 705 Soledad, CA 93960-0705 19 20 21 Dated: October 6, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?