Opinion
21-cv-06869-PJH
09-17-2021
ECKSTROM, Plaintiff, v. Defendant.
ORDER OF DISMISSAL Re: DKT. NO. 1
PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE
This case was opened when plaintiff, a state prisoner proceeding pro se, wrote a letter to the court. In an effort to protect his rights, it was filed as a new case. Plaintiff was informed that he had not filed a complaint and was given twenty-eight days to do so. He also was sent a notice that he had not paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”); again, he was allowed twenty-eight days to either pay the fee or file the application. Plaintiff has now filed a letter (Docket No. 4) stating that he did not intend to initiate an action and seeks to dismiss this case. This case is therefore DISMISSED without prejudice pursuant to Fed.R.Civ.P. 41(a). No. fee is due. Plaintiff's motion for relief (Docket No. 1) is DENIED as moot.
IT IS SO ORDERED.