United States District Court, N.D. California
June 21, 2004.
ISAIAH THOMPSON-BONILLA, Plaintiff,
A.A. LAMARQUE, Defendant.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
This action is dismissed without prejudice because it was
opened in error.
IT IS SO ORDERED AND ADJUDGED. ORDER OF DISMISSAL
This action was opened on June 4, 2004 when the clerk filed an
in forma pauperis application from plaintiff. On that date, the
clerk sent to plaintiff a letter informing him that he had failed
to file a complaint or petition with his in forma pauperis
application and directed him to submit a complaint or petition
within thirty days or the action would be dismissed. Plaintiff
thereafter wrote to the court stating that the in forma
pauperis application had been sent to the court erroneously by
prison staff and that he did not wish to file an action at this
time. This action therefore is DISMISSED because it was opened in
error. The clerk shall close this action and plaintiff shall file
nothing further in this action. No filing fee is due for this
action and the in forma pauperis application is DENIED.
IT IS SO ORDERED.
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