Aguilar v. Obama

Filing 5

ORDER of Dismissal. Signed by Judge Edward M. Chen on 10/21/2011. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 10/21/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE

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HOMERO SANCHEZ AGUILAR,
Plaintiff.
___________________________________/

ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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No. C-11-2735 EMC (pr)

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This action was opened when the Court received an unsigned document with Homero

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Sanchez Aguilar's name on it. The document was captioned "United States District Court of

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Northern California - Office of the Clerk, Chief Judge Hon. Vaughn R. Walker" and was entitled

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"under 42 USC 1983 civil right action with the writ of summons and complaint for federal or the law

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of the state a grant, chief justice: John Roberts." (Docket # 1 (errors in source).) The Clerk opened

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a case file for the action and sent out a notice that Aguilar had not filed a complaint, and cautioned

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that the action would be dismissed if he did not submit a complaint within thirty days. The Clerk

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also sent out a notice that the action was deficient due to the failure to pay the filing fee or furnish a

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completed and signed court-approved in forma pauperis application, and cautioned that the action

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would be dismissed if he did not pay the fee or file the application materials within thirty days.

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Aguilar then sent a letter stating that he never sent any petition for filing and asked for the action to

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be dismissed. (Docket # 4.)

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In light of Aguilar's statement that he never sent a petition to the Court, this action is
DISMISSED because it was opened in error. No filing fee is due. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: October 21, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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