In re Jethro L. Larkin, II

Filing 4

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 08/08/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/9/2012)

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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 United States District Court For the Northern District of California 11 JETHRO L. LARKIN II, 12 No. C-12-3273 TEH (PR) Plaintiff, 13 ORDER OF DISMISSAL v. 14 15 Defendant. / 16 17 Plaintiff commenced this action when he filed a five-page 18 letter with the Court on June 25, 2012, complaining of conditions at 19 California Correctional Institution in Tehachapi, California. 20 #1. 21 or requests. 22 the Clerk notified Plaintiff that he had not attached a complaint to 23 his pleadings and mailed to Plaintiff the Court’s form complaint for 24 prisoner civil rights actions under 42 U.S.C. § 1983. 25 Clerk also notified Plaintiff that his action was deficient because 26 he had neither paid the requisite $350.00 filing fee nor submitted a 27 signed and completed court-approved in forma pauperis (IFP) 28 Doc. The Court cannot act on informal letters, documents, narratives Consequently, on the same day the letter was filed, Doc. #2. The 1 application (Doc. #3). 2 advised that failure to file the requested items within thirty (30) 3 days would result in dismissal of the action and that his file would 4 be closed. 5 See 28 U.S.C. § 1915(a)(2). Plaintiff was Doc. ## 2 & 3. The deadline to file the complaint has passed, and 6 Plaintiff has not filed a complaint or an application to proceed 7 IFP. 8 failure to file a complaint, to apply to proceed IFP or to pay the 9 $350 filing fee. 10 11 This action, therefore, is DISMISSED WITHOUT PREJUDICE for The Clerk shall terminate all pending motions as moot and close the file. 12 IT IS SO ORDERED. 13 14 15 DATED 08/08/2012 THELTON E. HENDERSON United States District Judge 16 17 G:\PRO-SE\TEH\CR.12\Larkin-12-3273-dismiss comp.wpd 18 19 20 21 22 23 24 25 26 27 28 2

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