Stafford v. R.J. Donovan Correctional Facility

Filing 5

ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge JEFFREY S. WHITE on 10/1/13. (jjoS, COURT STAFF) (Filed on 10/1/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRIAN KEITH STAFFORD,
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)
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Plaintiff,
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v.
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R.J. DONOVON CORRECTIONAL
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FACILITY, et al.,
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Defendants.
_________________________________ )

No. C 13-3329 JSW (PR)
ORDER OF DISMISSAL;
GRANTING LEAVE TO
PROCEED IN FORMA
PAUPERIS

(Docket No. 4)

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On July 17, 2013, Plaintiff, a California prisoner, wrote a letter to the Court

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complaining that his rights were being violated in prison. On the same day, the Clerk

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notified Plaintiff that he had not filed a complaint. Along with this deficiency notice, the

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Clerk mailed to Plaintiff the Court’s complaint form, instructions for completing the

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form, and a stamped return envelope. In the notice, Plaintiff was informed that the case

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would be dismissed if he did not file a complaint within thirty days. See Valley Forge

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Christian College v. Americans United for Separation of Church and State, Inc., 454

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U.S. 464, 471 (1982) (Article III, Section 2 of the United States Constitution restricts

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adjudication in federal courts to "Cases" and "Controversies"). No complaint or other

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pleading has been received from Plaintiff. Accordingly, this case is DISMISSED

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without prejudice to Plaintiff bringing his claims in a new case in which he files a

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complaint.

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In light of Plaintiff’s lack of funds, his application for leave to proceed in forma
pauperis is GRANTED (docket number 4).

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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: October 1, 2013
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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STAFFORD,

Case Number: CV13-03329 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
DONOVON et al,
Defendant.

/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Brian Keith Stafford
A-5-148
480 Alta Road
#E97271
San Diego, CA 92179
Dated: October 1, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk