Perry v. Martel et al

Filing 7

ORDER, clerk is instructed to file copies of the letters filed as new actions on 6/19 and 6/28, 2012 into C-12-3063CRB (PR). Signed by Judge Charles R. Breyer on 7/19/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/19/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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In re CLIFTON PERRY, K-16800,

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Plaintiff.

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_____________________________

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No. C 12-3063 CRB (PR)
No. C 12-3160 CRB (PR)
No. C 12-3364 CRB (PR)
ORDER

On June 15, 2012, the clerk filed as a new action a letter by plaintiff

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alleging various wrongdoing at San Quentin State Prison (SQSP). See Perry v.

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Martel, No. C 12-3063 CRB (PR). On that same date, the court notified plaintiff

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in writing that the action was deficient because he did not file an actual complaint

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or pay the requisite $350.00 filing fee or, instead, submit a completed court-

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approved in forma pauperis (IFP) application.

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On June 19 and June 28, 2012, the clerk again filed as new actions new

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letters by plaintiff alleging wrongdoing at San Quentin State Prison (SQSP). See

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In re Perry, No. C 12-3160 CRB (PR); In re Perry, No. C 12-3364 CRB (PR). And

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again on those same dates, the court notified plaintiff in writing that the actions

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were deficient because he did not file an actual complaint or pay the requisite

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$350.00 filing fee or, instead, submit a completed court-approved IFP application.

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On July 2, 2012, plaintiff submitted a complaint and IFP application which

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were filed in his first action, Perry v. Martel, No. C 12-3063 CRB (PR). But

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several days later, he filed a letter in his second action, In re Perry, No. C 12-3160

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CRB (PR), explaining that he did not intend to file more than one action. His

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letters filed as new actions on June 19 and June 28, 2012, were intended as filings

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in his first action, Perry v. Martel, No. C 12-3063 CRB (PR).

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Good cause appearing, the clerk is instructed to file copies of the letters

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filed as new actions on June 19 and June 28, 2012 into plaintiff's first case, Perry

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v. Martel, No. C 12-3063 CRB (PR), and to close plaintiff's second and third cases,

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In re Perry, No. C 12-3160 CRB (PR), and In re Perry, No. C 12-3364 CRB (PR),

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as improvidently opened. No filing fee is due on cases In re Perry, No. C 12-3160

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CRB (PR), and In re Perry, No. C 12-3364 CRB (PR).

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A screening order will issue shortly on plaintiff's pending case, Perry v.

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Martel, No. C 12-3063 CRB (PR).

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SO ORDERED.

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DATED: July 19, 2012

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G:\PRO-SE\CRB\CR.12\Perry, C.12-3063.or1.wpd

_________________________
CHARLES R. BREYER
United States District Judge