Canada
Filing
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ORDER RE-OPENING CASE AND RE-SENDING CLERK'S NOTICES RE: FILING COMPLAINT AND COMPLETING IN FORMA PAUPERIS AFFIDAVIT OR PAYMENT OF FILING FEE. IFP Form due by 12/7/2012. Signed by Judge Thelton E. Henderson on 11/07/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 11/7/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C-12-3363 TEH (PR)
In re RONALD LEE CANADA,
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/
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ORDER RE-OPENING CASE AND RESENDING CLERK’S NOTICES RE:
FILING COMPLAINT AND COMPLETING
IN FORMA PAUPERIS AFFIDAVIT OR
PAYMENT OF FILING FEE
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Plaintiff Ronald Lee Canada commenced this action when he
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filed a one-page letter with the Court on June 28, 2012, complaining
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of conditions at California Correctional Institution in Tehachapi,
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California.
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two notices.
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second notified him that he must complete his in forma pauperis
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(IFP) application.
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comply with them within thirty days, his case would be dismissed.
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Thirty days passed and Plaintiff did not comply with the notices.
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On August 9, 2012, the Court dismissed Plaintiff’s action without
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prejudice for failure to file a complaint.
Doc. #1.
On June 28, 2012, the Court sent Plaintiff
The first instructed him to file a complaint and the
The notices warned Plaintiff that if he did not
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On September 28, 2012, Plaintiff sent a letter to the
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Court stating that he had been transferred to Pelican Bay State
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Prison (PBSP) and that his legal papers had not been forwarded to
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him from his former prison.
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and Order of Dismissal were sent to Plaintiff’s former prison and
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not to PBSP and, thus, Plaintiff may not have received them.
The Court notes that its two notices
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Therefore, in the interests of justice, the Court re-opens
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this case to give Plaintiff an opportunity to respond to the notices
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regarding the filing of a complaint and the completion of his IFP
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application.
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order and re-send the notices allowing Plaintiff thirty-days from
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the date of this Order to comply with the notices.
The Clerk of the Court shall send to Plaintiff this
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IT IS SO ORDERED.
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DATED
11/07/2012
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\CR.12\Canada 12-3363-re-open case.wpd
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