Kinkeade

Filing 9

ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 7/5/2016. (lsS, COURT STAFF) (Filed on 7/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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In Re.

Case No. 16-cv-01838-LB

CARLOS KINKEADE,
Plaintiff.

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ORDER OF DISMISSAL
[Re: ECF No. 1 ]

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This action was opened on April 8, 2016, when the court received from Carlos Kinkeade a

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letter discussing his medical care at the California Health Care Facility in Stockton, California,

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where he was incarcerated. On that date, the court notified Mr. Kinkeade in writing that his action

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was deficient in that he had not attached a complaint and had not filed an in forma pauperis

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application. The court further notified him that this action would be dismissed if he did not submit

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a complaint and in forma pauperis application within 28 days. Mr. Kinkeade then filed a consent

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to proceed before a magistrate judge, but did not file a complaint or an in forma pauperis

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application. He sent a letter on April 29, 2016, that states he filed an action in the Eastern District

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of California and did not intend to file a new action in this district. This action is DISMISSED

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without prejudice because Mr. Kinkeade failed to file a complaint or other pleading showing the

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court has jurisdiction over this action and the action appears to have been opened in error. As he

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did not intend to file a new action in this district, no filing fee is due. The clerk shall close the file.
IT IS SO ORDERED.
Dated: July 5, 2016
______________________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KINKEADE,

Case No. 3:16-cv-01838-LB
Plaintiff,

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v.

CERTIFICATE OF SERVICE

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,
Defendant.

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United States District Court
Northern District of California

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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.

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That on July 5, 2016, 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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Carlos Kinkeade ID: D-94340
California Health Care Facility D3B 108
PO Box 32080
Stockton, CA 95213

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Dated: July 5, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER

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