Adams v. Pelican Bay State Prison

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/20/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 5/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C 12-0960 WHA (PR)

ROELING ADAMS,

ORDER OF DISMISSAL

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Plaintiff.
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v.

(Docket No. 3)

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PELICAN BAY STATE PRISON,

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Defendant.
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On February 27, 2012, plaintiff, a prisoner of the State of California, filed a letter
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complaining of actions by prison employees. That day, the clerk notified plaintiff that he had
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not filed a complaint, and that he had neither paid the filing fee nor filed an application to
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proceed in forma pauperis (“IFP”). Along with the notices, the clerk mailed to plaintiff the
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court’s complaint and IFP forms, instructions for completing the forms, and a stamped return
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envelope. In the notices, plaintiff was informed that the case would be dismissed if he did not
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file a complaint, and pay the fee or file a completed IFP application, within thirty days. More
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than thirty days have passed and plaintiff has filed an incomplete IFP application but no
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complaint. As plaintiff has not filed a complaint or complied with the deficiency notice that he
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must file one, this case is DISMISSED without prejudice. See Thomas v. Anchorage Equal

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Rights Comm’n, 220 F.3d 1134, 1138-39 (9th Cir. 2000) (en banc) (federal courts are restricted

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by the constitution to ruling on cases or controversies). The incomplete IFP application is

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DENIED. The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: April

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, 2012.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\CR.12\ADAMS0960.DFP.wpd

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