Matias v. Warden

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 2/6/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 2/7/2013)

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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 PABLO B. MATIAS, 10 Plaintiff, 11 vs. 12 13 WARDEN, 14 Defendant. ) ) ) ) ) ) ) ) ) ) ) No. C 12-6538 LHK (PR) ORDER OF DISMISSAL 15 16 On December 27, 2012, Plaintiff, proceeding pro se, filed a motion to appoint counsel, 17 which commenced this action. The same day, the Clerk notified Plaintiff that he had not paid the 18 filing fee, nor had he filed an application to proceed in forma pauperis (“IFP”). The Clerk also 19 notified Plaintiff that he failed to submit a complaint. Along with the deficiency notices, 20 Plaintiff was provided with a new IFP application and instructions for completing it. In addition, 21 Plaintiff was advised that his failure to file a complaint within thirty days would result in the 22 dismissal of this action. On January 16, 2013, Plaintiff filed a completed IFP application. 23 However, to date, Plaintiff has not submitted a complaint. Thus, the instant action is 24 DISMISSED without prejudice. The Clerk shall enter judgment and close the file. 25 26 IT IS SO ORDERED. DATED: 2/6/13 LUCY H. KOH United States District Judge 27 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.12\Matias538discomp.wpd

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