Perez v. Cate et al

Filing 3

ORDER OF DISMISSAL; INSTRUCTIONS TO CLERK. Signed by Judge Jeffrey S. White on 6/17/11. (jjoS, COURT STAFF) (Filed on 6/17/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

SALVADOR PEREZ,

)
)
Plaintiff,
)
)
v.
)
)
)
MATTHEW CATE, et al.,
)
)
Defendants.
_________________________________ )

No. C 11-2678 JSW (PR)
ORDER OF DISMISSAL;
INSTRUCTIONS TO CLERK

15
16

This case was opened when Plaintiff, a California prisoner proceeding pro se,

17

filed an amended complaint. The caption of the amended complaint indicates that

18

Plaintiff did not intend open a new case, but rather that he wanted to file it in his

19

currently pending case, No. C 10-3730 JSW (PR). Accordingly, the Clerk shall retrieve

20

the amended complaint inadvertently filed in the instant case as docket number 1, and

21

file it in Case No. C 10-3730 JSW (PR). The instant case having been opened in error, is

22

DISMISSED, and the notice of deficiency (docket no. 2) is STRICKEN.

23

The Clerk shall enter judgment and close the file.

24

IT IS SO ORDERED.

25

DATED: June 17, 2011

26
27
28

JEFFREY S. WHITE
United States District Judge

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
SALVADOR PEREZ,

Case Number: CV11-02678 JSW

6
Plaintiff,

CERTIFICATE OF SERVICE

7
v.

8
MATTHEW CATE et al,

9
Defendant.

10
11
12
13
14

/

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 June 17, 2011, 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.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Salvador Perez
J47812
Pelican Bay State Prison
Crescent City, CA 95532
Dated: June 17, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk