Komarenko

Filing 4

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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ALEXANDER KOMARENKO,
Plaintiff.
___________________________________/

ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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No. C-11-2671 EMC (pr)
No. C-11-3033 EMC (pr)

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These actions were opened when the Court received from Alexander Komarenko letters to

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Judge Henderson expressing displeasure with medical care in the prison at which he was housed. In

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each action, the Clerk opened a case file, and sent out a notice that Komarenko had not filed a

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complaint, and cautioned that the action would be dismissed if he did not submit a complaint within

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thirty days. The Clerk also sent out a notice that each action was deficient due to the failure to pay

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the filing fee or furnish a completed and signed court-approved in forma pauperis application, and

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cautioned that the action would be dismissed if he did not pay the fee or file the application

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materials within thirty days. Komarenko then sent a letter stating that he did not intend to

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commence a new action but only to inform the judge of medical care concerns. (Docket # 4 in Case

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No. C-11-2671 EMC.) The letter appears to apply to both actions, as Komarenko filed nothing

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further in Case No. C-11-3033 EMC.

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In light of Komarenko's explanation that the letters he sent to Judge Henderson were not

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intended to commence a new action, these actions are DISMISSED because they were opened in

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error. No filing fees are due. The Clerk shall close the files.

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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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