Taylor v. Boerum et al
Filing
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ORDER of Dismissal. Signed by Judge Edward M. Chen on 2/26/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 2/26/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEITH DESMOND TAYLOR,
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Plaintiff,
v.
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For the Northern District of California
United States District Court
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No. C-12-5717 EMC (pr)
T. BOERUM, Appeals Coordinator; et al.,
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ORDER OF DISMISSAL
Defendants.
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This pro se civil action was filed on November 7, 2012, at which time the Court notified
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Plaintiff in writing that the action was deficient due to the failure to pay the filing fee or furnish a
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completed and signed court-approved in forma pauperis application. Plaintiff was advised that
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failure to pay the fee or file the application materials within thirty days would result in dismissal of
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the action. Plaintiff did not pay the filing fee or file a completed in forma pauperis application, and
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the deadline by which to do so has passed. The in forma pauperis application that he submitted with
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his complaint is DENIED because it did not include the certificate of funds in the inmate's account
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as required by 28 U.S.C. § 1915(a). (Docket # 2.) This action is DISMISSED without prejudice for
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failure to pay the filing fee or submit a completed in forma pauperis application.
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If Plaintiff wishes to file a new action, he should take note that the denial and deficient
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processing of his inmate appeals – the substance of his complaint in this action – does not violate a
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prisoner's federal right to due process. There is no constitutional right to a prison or jail
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administrative appeal system in California. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir.
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2003); Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988); Antonelli v. Sheahan, 81 F.3d 1422, 1430
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(7th Cir. 1996); Cal. Code Regs. tit. 15, §§ 1073, 3084.1. The conditions of confinement about
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which he was attempting to file an inmate appeal might be actionable, however, so any new civil
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rights complaint should focus on the problems about which he filed inmate appeals, rather than the
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inmate appeals themselves.
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The Clerk shall enter judgment and close the file.
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IT IS SO ORDERED.
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Dated: February 26, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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