Filing 6

ORDER OF DISMISSAL. Signed by Magistrate Judge Maria-Elena James on 12/14/2015. (rmm2S, COURT STAFF) (Filed on 12/14/2015)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court United States District Court For the Northern District of California For the Northern District of California 10 No. C 15-5257 MEJ (PR) In re FRANKLIN LYNCH, 11 Plaintiff. ORDER OF DISMISSAL 12 13 / 14 15 In October 2015, Franklin Lynch, a California state prisoner, wrote a letter to the 16 Honorable Thelton E. Henderson complaining of the medical care at San Quentin State 17 Prison, where he is currently housed. On November 17, 2015, the Clerk filed the letter as a 18 new action and assigned it to the undersigned. The Clerk also advised Lynch that the action 19 was deficient because Lynch did not pay the requisite $400.00 filing fee or, instead, submit a 20 signed and completed court-approved in forma pauperis application. See 28 U.S.C. § 1915 21 (a)(2). Lynch was advised that failure to file the requested items within 28 days would result 22 in dismissal of the action. 23 Lynch has responded by explaining that the document he submitted was not intended 24 as a new action, but as a letter to the three judge panel in Plata v. Brown, No C 01-1351 TEH 25 (PR). He now seeks guidance on how to direct his letter to the Receiver in the Plata action. 26 Good cause appearing, this action is DISMISSED as improvidently opened. No filing 27 fee is due. Per Lynch’s request, the Clerk is directed to send Lynch a copy of his October 28 2015 letter with attachments (dkt. no. 1). The Clerk is further directed to close the file. 1 Plaintiff may send his medical healthcare complaints directly to the Receiver at the 2 following address: J. Clark Kelso, Receiver; California Prison Health Care Receivership; 3 P.O. Box 4038; Sacramento, CA 95812-4038. 4 5 IT IS SO ORDERED. DATED: December 14, 2015 Maria-Elena James United States Magistrate 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?