Uba v. United States Of America

Filing 4

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/28/10. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 10/28/2010)

Uba v. United States Of America

Doc. 4

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Order of Dismissal P:\PRO-SE\SJ.LHK\CR.10\Uba694dis.wpd

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NWADINAUME UBA, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) No. C 10-4694 LHK (PR) ORDER OF DISMISSAL

On October 18, 2010, Plaintiff, proceeding pro se, filed a "Motion to Modify Restitution Based on Error." Upon receipt of the motion, the Clerk's Office opened a new case file and notified Plaintiff that he was required to submit a complaint or face dismissal. The Court notes, however, that on June 26, 2009, Plaintiff was convicted of three counts of filing a false tax return and sentenced to 18 months and ordered to pay $258,741.00 in restitution, inter alia, in Case No. 08-CR-0158 JW. It appears that Plaintiff's motion is more appropriately filed in his closed criminal case rather than as a new action. Accordingly, the Clerk shall re-file Plaintiff's motion in Case No. 08-CR-0158 JW, DISMISS this action, and close the file. IT IS SO ORDERED. DATED: 10/28/10 LUCY H. KOH United States District Judge

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