Filing 6

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 2/21/13. (jg, COURT STAFF) (Filed on 2/21/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 ARTHUR C. ALEXANDER, 10 Plaintiff, 11 v. 12 M.E. SPEARMAN, 13 Defendant. 14 15 ) ) ) ) ) ) ) ) ) ) No. C 12-6500 RMW (PR) ORDER OF DISMISSAL On December 21, 2012, plaintiff, proceeding pro se, filed a letter which commenced this 16 action. The same day, the clerk notified plaintiff that he had not paid the filing fee, nor had he 17 filed an application to proceed in forma pauperis (“IFP”). The clerk also notified plaintiff that he 18 failed to submit a complaint. Along with the deficiency notices, plaintiff was provided with a 19 new IFP application and instructions for completing it. Plaintiff was further cautioned that his 20 failure to either file a completed IFP application or pay the filing fee within thirty days would 21 result in the dismissal of this action. In addition, plaintiff was advised that his failure to file a 22 complaint within thirty days would result in the dismissal of this action. On January 30, 2013, 23 plaintiff filed an application for leave to proceed in forma pauperis. However, to date, plaintiff 24 has not filed a complaint. Thus, the instant action is DISMISSED without prejudice. The clerk 25 shall enter judgment and close the file. 26 27 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.Rmw\CR.12\Alexander500discomp.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ARTHUR ALEXANDER, Case Number: CV12-06500 RMW Plaintiff, CERTIFICATE OF SERVICE v. M.E. SPEARMAN, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 21, 2013, 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. Arthur C. Alexander E-31908 PO Box 689 BW-104 Low Soledad, CA 93960-0689 Dated: February 21, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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