Willingham v. County of San Mateo et al

Filing 70

ORDER STRIKING LETTERS FROM PLAINTIFF DARRYL WILLINGHAM. Signed by Judge Maxine M. Chesney on April 11, 2011. (mmclc1, COURT STAFF) (Filed on 4/11/2011) (Additional attachment(s) added on 4/11/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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DARRYL WILLINGHAM,
Plaintiff,

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ORDER STRIKING LETTERS FROM
PLAINTIFF DARRYL WILLINGHAM

v.

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No. C-04-4592 MMC

COUNTY OF SAN MATEO, et al.,
Defendants

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/
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By order filed November 7, 2005, the Court granted defendant Tracy Martin’s motion

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for summary judgment, for the reason plaintiff failed to offer any evidence to support his

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claim that said defendant was responsible for delaying, by two days, the date on which

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plaintiff was discharged from parole in 2003. Thereafter, on November 9, 2005, the Clerk

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entered judgment, and the above-titled case was closed.

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The Court is in receipt of four letters, dated, respectively, February 17, 2011, March

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2, 2011, March 3, 2011, and March 23, 2011, each by written by plaintiff. In the letters,

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plaintiff asserts that prison guards at San Quentin State Prison, where he is presently

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incarcerated, have embezzled money from prisoners, opened confidential mail and/or have

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paid to have plaintiff attacked to retaliate against plaintiff’s complaints concerning prison

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conditions.

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//

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None of plaintiff’s letters pertain to the claims made in the instant case, which, as
noted, was closed over five years ago.
Accordingly, the Court will take no action on plaintiff’s letters in the instant case, and

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the letter are hereby STRICKEN, without prejudice to plaintiff’s filing a separate civil suit

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after exhausting his administrative remedies. See 42 U.S.C. § 1997e(a).

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IT IS SO ORDERED.

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Dated: April 11, 2011
MAXINE M. CHESNEY
United States District Judge

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