Canada v. Sullivan

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/2/14 ORDERING that this case be closed. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2:14-cv-1716-EFB P

ORDER

UNKNOWN,

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Defendant.

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Ronald Lee Canada is a state prisoner proceeding without counsel. This action was

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opened when he filed a letter directed to United States District Judge Lawrence K. Karlton and

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titled it a “Complaint.” ECF No. 1. He has not, however, properly commenced a civil action.
A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3. In

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addition, a plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or request leave

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to proceed in forma pauperis and submit the affidavit and trust account statement required by 28

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U.S.C. § 1915(a).
By order dated July 28 2014, the court granted Mr. Canada 30 days to properly commence

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a civil action, and warned him that failure to do so could result in this case being closed. Those

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30 days have passed and Mr. Canada has not filed the necessary documents or otherwise

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responded to the court’s order. As Mr. Canada has not submitted a complaint and either paid the

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filing fee or met the requirements of 28 U.S.C. § 1915(a), and there is simply no case before the

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court. Accordingly, it hereby is ORDERED that this case be closed.

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DATED: September 2, 2014.

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