Canada

Filing 7

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 01/07/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 1/9/2013)

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-12-3363 TEH (PR)

In re RONALD LEE CANADA,

12

ORDER OF DISMISSAL
/

13
14
15
16

Plaintiff Ronald Lee Canada commenced this action when he

17

filed a one-page letter with the Court on June 28, 2012, complaining

18

of conditions at California Correctional Institution in Tehachapi,

19

California.

20

notices.

21

second notified him that he must complete his in forma pauperis

22

(IFP) application.

23

comply with them within thirty days, his case would be dismissed.

24

Thirty days passed and Plaintiff did not comply with the notices.

25

On August 9, 2012, the Court dismissed Plaintiff’s action without

26

prejudice for failure to file a complaint.

27

Plaintiff sent a letter to the Court stating that he had been

28

transferred to Pelican Bay State Prison (PBSP) and that his legal

Doc. #1. On June 28, 2012, the Court sent Plaintiff two

The first instructed him to file a complaint and the

The notices warned Plaintiff that if he did not

On September 28, 2012,

1

papers had not been forwarded to him from his former prison.

2

November 7, 2012, the Court re-opened Plaintiff’s case and re-sent

3

him, at his current address, the clerk’s notices about deadlines for

4

filing a complaint and completing an IFP application.

5

December 7, 2012 as the new deadline for filing these documents.

6

On

The Court set

To date, Plaintiff has filed no other document in this case.

7

The deadline to file the complaint has passed, and Plaintiff has not

8

filed a complaint nor an IFP application.

9

is DISMISSED WITHOUT PREJUDICE for failure to file a complaint and

10

the required IFP application.

11
12

This action, therefore,

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

13

IT IS SO ORDERED.

14
15
16

DATED

01/7/2013
THELTON E. HENDERSON
United States District Judge

17
18

G:\PRO-SE\TEH\CR.12\Canada 12-3363- Second Dis.wpd

19
20
21
22
23
24
25
26
27
28

2