Filing 5

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/10/12. (nah, COURT STAFF) (Filed on 1/10/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 8 No. C 11-5548 PJH (PR) In re JAMES K. AULD, ORDER OF DISMISSAL Plaintiff. / 9 This case was opened when plaintiff wrote a letter to Judge Henderson of this court 11 For the Northern District of California United States District Court 10 regarding administrative appeals of medical issues. In an effort to protect his rights, it was 12 filed as a new civil rights case. Plaintiff was informed that he had not filed a complaint and 13 was given thirty days to do so. He also was sent a notice that he had not paid the filing fee 14 or applied for leave to proceed in forma pauperis (“IFP”); again, he was allowed thirty days 15 to either pay the fee or file the application. A copy of the court's form for applications to 16 proceed IFP was provided with the notice, along with a return envelope. 17 Plaintiff has written to the court saying that he did not intend to file a new case, and 18 did not intend to do anything other than inform Judge Henderson by letter about problems 19 with administrative appeals in his institution. This case is therefore DISMISSED without 20 prejudice as opened in error. No fee is due. The clerk shall close the file. 21 22 IT IS SO ORDERED. Dated: January 10, 2012. PHYLLIS J. HAMILTON United States District Judge 23 24 25 26 27 28 P:\PRO-SE\PJH\CR.11\AULD5548.DSM.wpd

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