Quine

Filing 6

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on July 28, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 7/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re RODNEY QUINE,

Case No. 14-cv-02556-JST (PR)

Plaintiff.

United States District Court
Northern District of California

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ORDER OF DISMISSAL

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On May 22, 2014, plaintiff, a California state prisoner, filed a letter with the Court

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referencing prison gangs, enemy safety issues, and attempts on his life. In a notice dated June 3,

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2014, the Clerk of the Court directed plaintiff to complete a civil rights complaint form and an in

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forma pauperis (IFP) application, and told him that he must complete these documents within

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twenty-eight days or his action would be dismissed. The Clerk sent plaintiff a blank civil rights

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complaint form as well as a prisoner's IFP application. More than twenty-eight days have passed,

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and plaintiff has not filed the necessary documents.

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The Court notes that plaintiff has filed a separate action in this Court alleging claims

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related to his Gender Identity Disorder. See Quine v. Brown, C 14-2726 JST (PR). In that action

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plaintiff did file a complete IFP application and civil rights complaint form. On June 18, 2014, the

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Clerk advised plaintiff that his IFP application and complaint had been received in C 14-2726 but

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not in this case. Upon further review of the complaint in C 14-2726, plaintiff states that the instant

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action was a "letter declaration." See C 14-2726, Dkt. No. 1, at 2. It therefore appears that

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plaintiff's May 22, 2014 letter was not intended as a new action.

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Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall close

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the file. Plaintiff's complaint and IFP application in C 14-2726 JST (PR) will be reviewed in that

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action.

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IT IS SO ORDERED.
Dated: July 28, 2014
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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