Lynch

Filing 6

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
United States District Court
For the Northern District of California
For the Northern District of California

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No. C 15-5257 MEJ (PR)

In re FRANKLIN LYNCH,
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Plaintiff.

ORDER OF DISMISSAL

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In October 2015, Franklin Lynch, a California state prisoner, wrote a letter to the

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Honorable Thelton E. Henderson complaining of the medical care at San Quentin State

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Prison, where he is currently housed. On November 17, 2015, the Clerk filed the letter as a

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new action and assigned it to the undersigned. The Clerk also advised Lynch that the action

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was deficient because Lynch did not pay the requisite $400.00 filing fee or, instead, submit a

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signed and completed court-approved in forma pauperis application. See 28 U.S.C. § 1915

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(a)(2). Lynch was advised that failure to file the requested items within 28 days would result

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in dismissal of the action.

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Lynch has responded by explaining that the document he submitted was not intended

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as a new action, but as a letter to the three judge panel in Plata v. Brown, No C 01-1351 TEH

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(PR). He now seeks guidance on how to direct his letter to the Receiver in the Plata action.

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Good cause appearing, this action is DISMISSED as improvidently opened. No filing

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fee is due. Per Lynch’s request, the Clerk is directed to send Lynch a copy of his October

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2015 letter with attachments (dkt. no. 1). The Clerk is further directed to close the file.

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Plaintiff may send his medical healthcare complaints directly to the Receiver at the

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following address: J. Clark Kelso, Receiver; California Prison Health Care Receivership;

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P.O. Box 4038; Sacramento, CA 95812-4038.

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IT IS SO ORDERED.
DATED:

December 14, 2015

Maria-Elena James
United States Magistrate

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United States District Court
For the Northern District of California

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