Taylor v. Boerum et al

Filing 5

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KEITH DESMOND TAYLOR, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-12-5717 EMC (pr) T. BOERUM, Appeals Coordinator; et al., 12 ORDER OF DISMISSAL Defendants. ___________________________________/ 13 14 This pro se civil action was filed on November 7, 2012, at which time the Court notified 15 Plaintiff in writing that the action was deficient due to the failure to pay the filing fee or furnish a 16 completed and signed court-approved in forma pauperis application. Plaintiff was advised that 17 failure to pay the fee or file the application materials within thirty days would result in dismissal of 18 the action. Plaintiff did not pay the filing fee or file a completed in forma pauperis application, and 19 the deadline by which to do so has passed. The in forma pauperis application that he submitted with 20 his complaint is DENIED because it did not include the certificate of funds in the inmate's account 21 as required by 28 U.S.C. § 1915(a). (Docket # 2.) This action is DISMISSED without prejudice for 22 failure to pay the filing fee or submit a completed in forma pauperis application. 23 If Plaintiff wishes to file a new action, he should take note that the denial and deficient 24 processing of his inmate appeals – the substance of his complaint in this action – does not violate a 25 prisoner's federal right to due process. There is no constitutional right to a prison or jail 26 administrative appeal system in California. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 27 2003); Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988); Antonelli v. Sheahan, 81 F.3d 1422, 1430 28 (7th Cir. 1996); Cal. Code Regs. tit. 15, §§ 1073, 3084.1. The conditions of confinement about 1 which he was attempting to file an inmate appeal might be actionable, however, so any new civil 2 rights complaint should focus on the problems about which he filed inmate appeals, rather than the 3 inmate appeals themselves. 4 The Clerk shall enter judgment and close the file. 5 6 IT IS SO ORDERED. 7 8 Dated: February 26, 2013 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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