Patino v. Unknown

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 5/10/12. (Attachments: # 1 certificate of service)(mpb, COURT STAFF) (Filed on 5/11/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SIPRIANO PATINO, 11 Plaintiff, 12 v. 13 UNKNOWN, 14 Defendant. 15 ) ) ) ) ) ) ) ) ) ) No. C 12-0957 LHK (PR) ORDER OF DISMISSAL 16 On February 27, 2012, Plaintiff, proceeding pro se, filed a letter which commenced this 17 action. The same day, the Clerk notified Plaintiff that he had not paid the filing fee, nor had he 18 filed an application to proceed in forma pauperis (“IFP”). The Clerk also notified Plaintiff that 19 he failed to submit a complaint. Along with the deficiency notices, Plaintiff was provided with a 20 new IFP application and instructions for completing it. Plaintiff was further cautioned that his 21 failure to either file a completed IFP application or pay the filing fee within thirty days would 22 result in the dismissal of this action. In addition, Plaintiff was advised that his failure to file a 23 complaint within thirty days would result in the dismissal of this action. To date, Plaintiff has 24 not paid his filing fee, filed a completed IFP application, or filed a complaint. 25 Plaintiff filed another letter on March 19, 2012, stating that he has not yet exhausted his 26 administrative remedies and requests a stay of this action in order to do so. Plaintiff’s request for 27 a stay is denied. His situation does not warrant an indefinite stay. The instant action is 28 DISMISSED without prejudice. The Clerk shall enter judgment and close the file. Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Patino957disifpcomp.wpd 1 2 IT IS SO ORDERED. DATED: 5/10/12 LUCY H. KOH United States District Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Patino957disifpcomp.wpd 2

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