In re Canada

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 05/09/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 5/11/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 11 No. C 12-0959 TEH (PR) In re RONALD LEE CANADA 12 13 / ORDER OF DISMISSAL 14 15 16 On February 27, 2012, Plaintiff, a state prisoner 17 presently incarcerated at California State Prison - Sacramento, 18 filed a letter with this court addressed to the “Coleman Special 19 Master’s Team.”1 20 is being mistreated by CSP-Sacramento’s prison officials in 21 retaliation for exercising his constitutional rights. 22 Court Clerk notified Plaintiff in writing at that time that his 23 action was deficient because his complaint was incomplete (Doc. #3) 24 and because he had neither paid the requisite $350.00 filing fee nor Doc. #1. In his letter, Plaintiff alleges that he Doc. #1. The 25 26 1 27 28 Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995), which involved a class of prisoner-plaintiffs with serious mental disorders, has been consolidated with another federal class action, Plata v. Schwarzenegger, No. C 01-01351 TEH (N.D. Cal., filed 2001). 1 submitted a signed and completed court-approved in forma pauperis 2 application (Doc. #2). 3 advised that failure to file the requested items within thirty (30) 4 days would result in dismissal of the action. 5 See 28 U.S.C. § 1915(a)(2). Plaintiff was Doc. ## 2 & 3. On April 4, 2012, the Court granted Plaintiff an extension 6 of time to May 5, 2012, to file his complaint and either file an in 7 forma pauperis application or pay the filing fee. 8 passed and Plaintiff has not provided the Court with the requisite 9 items. 10 The action, therefore, is DISMISSED without prejudice. The Clerk is directed to terminate all pending motions as moot and close the file. 13 14 IT IS SO ORDERED. 15 16 17 DATED 05/09/2012 THELTON E. HENDERSON United States District Judge 18 19 20 21 22 G:\PRO-SE\TEH\CR.12\Canada-12-959-no complaint-no ifp-dismissal.wpd 23 24 25 26 27 28 No filings fees are due. 11 12 The deadline has 2

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