ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on March 11, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 3/11/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
In re JAMES G. GARCIA
Case No. 13-0666 JST (PR)
ORDER OF DISMISSAL
United States District Court
Northern District of California
On February 5, 2013, James G. Garcia, a California state prisoner, mailed to the Court a
letter regarding “California State Prison Overcrowding and Lack of Medical Treatment.” On
February 14, 2013, the Clerk filed the letter as a new action and assigned it to the undersigned.
The Clerk also advised Garcia that the action was deficient because Garcia did not pay the
requisite $350.00 filing fee or, instead, submit a signed and completed court-approved in forma
pauperis application, including a completed certificate of funds in the prisoner’s account and a
copy of the prisoner’s trust account statement for the last six months. See 28 USC § 1915(a)(2).
Garcia was advised that failure to file the requested items within 30 days would result in dismissal
of the action.
Garcia has responded by explaining that the document he submitted was not intended as a
new action, but as a letter to the court-appointed monitor in Plata v Schwarzenegger, No C 011351 TEH (PR). Good cause appearing, this action is DISMISSED as improvidently opened.
The Clerk is DIRECTED to close the file and to forward a copy of Garcia’s February 5,
2013 letter (Dkt. No. 1), to the court-appointed monitor in Plata. No fee is due in this
improvidently opened matter.
IT IS SO ORDERED.
Dated: March 11, 2013
Jon S. Tigar
United States District Judge
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