Grimes

Filing 6

ORDER of Dismissal. Signed by Judge Edward M. Chen on 4/23/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/23/2012)

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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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MICHAEL GRIMES,
Plaintiff.
___________________________________/

ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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No. C-12-0273 EMC (pr)
No. C-12-0274 EMC (pr)

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These two actions were opened when the Court received letters from Michael Grimes in

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which he complained about prison conditions at Mule Creek State Prison. The Court notified Mr.

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Grimes in writing that each action was deficient in that he had not attached a complaint or petition

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and had not filed an in forma pauperis application. The Court further notified him that each action

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would be dismissed if he did not submit a complaint or petition, and an in forma pauperis

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application, within thirty days. Mr Grimes did not file a complaint or a petition, and did not file an

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in forma pauperis application, in either action. Instead, he wrote a letter to the Court in which he

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asked that the Court to "cancel" the two actions. (Docket # 5 in Case No. C-12-0274 EMC.) In his

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letter, Mr. Grimes seemed to indicate that the letters were intended to be exhibits in his earlier-filed

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action, i.e., Grimes v. Mule Creek State Prison Health Care, Case No. C-12-0029 EMC, and were

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not intended to commence new actions.

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Accordingly, these actions are DISMISSED without prejudice because they were opened in
error. No fee is due.

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The Clerk will e-file in Case No. C-12-0029 EMC a copy of Docket # 1 from Case No. C-12-

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0273 EMC and a copy of Docket # 1 from Case No. C-12-0274 EMC. The Clerk then will close the

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file.

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IT IS SO ORDERED.

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Dated: April 23, 2012
_________________________
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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