Langendorf v. United States District Court for the Northern District of California

Filing 4

ORDER OF DISMISSAL AS FILED IN ERROR; NO FEE IS DUE. Signed by Judge Jeffrey S. White on 10/13/10. (jjoS, COURT STAFF) (Filed on 10/13/2010)

Langendorf v. United States District Court for the Northern District of California

Doc. 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TAYLOR STEVEN LANGENDORF, ) ) ) Plaintiff, ) ) v. ) ) RICHARD KIRKLAND, ) ) Defendant. _________________________________ ) No. C 10-1132 JSW (PR) ORDER OF DISMISSAL AS FILED IN ERROR; NO FEE IS DUE

Plaintiff, a California prisoner, filed a "motion for disposition" with the Court, which the Clerk construed as a new pro se civil rights action under 42 U.S.C § 1983. However, the document bears the case number C 05-1629, and requests the Court to resolve a petition for a writ of habeas corpus, which was pending before this Court at the time the motion was filed. It appears that this action was opened by the Clerk's office in error, instead of filing this motion on Petitioner's then pending case. That matter has since been decided on the merits. Therefore, this new action is now DISMISSED as commenced in error. As a result, no filing fee is due. The Clerk shall close the file and enter judgment in this matter. IT IS SO ORDERED. DATED: October 13, 2010 JEFFREY S. WHITE United States District Judge

Dockets.Justia.com

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Taylor Steven Langendorf Kern Valley State Prison P.O. Box 5103 P74142 Delano, CA 93216 Dated: October 13, 2010 STEVEN LANGENDORF, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV10-01132 JSW CERTIFICATE OF SERVICE

UNITED STATES DISTRICT COURT et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 13, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk