Hopkins v. State of California

Filing 12

ORDER re 11 Request filed by Randell Hopkins. Signed by Judge Charles R. Breyer on 8/8/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 8/12/2013)

Hopkins v. State of California

Doc. 12

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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In re RANDELL HOPKINS, V97737,
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Plaintiff.
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No. C 13-2725 CRB (PR)
ORDER
(Docket #11)

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On June 13, 2013, the clerk filed as a new prisoner action a letter by

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plaintiff complaining of inadequate medical care. On that same date, the court

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notified plaintiff in writing that the action was deficient because he did not file an

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actual complaint or pay the requisite filing fee or, instead, submit a signed and

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completed court-approved in forma pauperis (IFP) application. Plaintiff was

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advised that failure to file the requested items within 30 days would result in

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dismissal of the action.

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On July 30, 2013, the court dismissed the actions without prejudice because

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more than 40 days had elapsed and plaintiff had not provided the court with the

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requisite items or sought an extension of time to do so.

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Plaintiff has filed a request for reconsideration noting that he was
“transferred out” to another prison until June 21, 2013. Plaintiff’s request for

Dockets.Justia.com

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reconsideration is denied. But because the dismissal of the action was without

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prejudice, plaintiff is free to file a new action using the court’s complaint form.

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The clerk is instructed to send plaintiff a blank complaint form.

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SO ORDERED.

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DATED: Aug. 8, 2013

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G:\PRO-SE\CRB\CR.13\Hopkins, R.13-2725.recon.wpd

_________________________
CHARLES R. BREYER
United States District Judge