DeMarais v. Ridchey et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 7/30/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/30/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WEDSON R. DeMORAIS, P89947,
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Plaintiff,
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v.
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NEW FOLSOM STATE PRISON, et al., )
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Defendant(s).
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No. C 12-3186 CRB (PR)
ORDER OF DISMISSAL
(Docket # 5)

On June 19, 2012, the clerk filed as a new action a prisoner complaint form

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forwarded to this court by the Ninth Circuit. But although the complaint form

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included plaintiff's name and address, and a caption, it was otherwise blank.

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Notably, it contained no allegations whatsoever and was unsigned.

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On June 19, 2012, the court notified plaintiff in writing that the action was

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deficient because he did not file a signed and completed complaint or pay the

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requisite $350.00 filing fee or, instead, submit a signed and completed court-

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approved in forma pauperis (IFP) application. Plaintiff was advised that failure to

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file the requested items within 30 days would result in dismissal of the action.

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On July 19, 2012, plaintiff filed a new complaint and an IFP application.

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Based solely on plaintiff's affidavit of poverty, his IFP application (docket # 5) is

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GRANTED. But his complaint is DISMISSED because he once again has filed a

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complaint form with no allegations whatsover and because the only defendants he

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names – New Folsom State Prison (NFSP) and NFSP Warden Tim Virga – reside

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in the Eastern District of California. Plaintiff is free to refile his complaint against

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NFSP and Warden Virga, with supporting allegations, in the Eastern District of

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California. See In re Hall, 939 F.2d 802, 804 (9th Cir. 1991) (dismissal for

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improper venue must be without prejudice because determination of improper

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venue does not go to merits of case).

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The clerk shall close the file and terminate all pending motions as moot.

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SO ORDERED.

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DATED: July 30, 2012

_________________________
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\DeMorais, W.12-3186.dsifp.wpd

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