Brumfield v. City of San Francisco et al

Filing 11

ORDER DISMISSING CASE. Signed by Judge Saundra Brown Armstrong, on 12/8/09. (lrc, COURT STAFF) (Filed on 12/10/2009) Modified on 12/14/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KENNETH L. BRUMFIELD, Petitioner, No. C 08-04257 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE

CITY OF SAN FRANCISCO, et al., Respondents. /

This case was opened when Petitioner, a state prisoner, filed a complaint on the Court's civil rights form. Petitioner thereafter filed an application to proceed in forma pauperis (IFP). The Court has granted him leave to proceed IFP. In an Order dated November 4, 2009, the Court conducted a preliminary review of the complaint, stating, "Although [Petitioner] submitted his claims on a civil rights form, it is apparent that he intended to file a petition for a writ of habeas corpus because he claims he is being 'illegally detailed' on 'charges refiled Feb. 2008 based on erroneous information.'" (Nov. 4, 2009 Order at 1 (quoting Compl. at 3).) Accordingly, the Court directed the Clerk of the Court to reclassify this case on the docket as a habeas action, which has a filing fee of $5.00. The Court also found that the record did not contain enough information to permit it to ascertain whether Petitioner's claims were cognizable in this Court. The Court dismissed the petition and granted Petitioner thirty days to file an amended petition curing the pleading deficiencies, or to suffer dismissal of the petition without prejudice. More than thirty days have passed, and Petitioner has failed to file an amended petition. Accordingly, this action is DISMISSED without prejudice. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Petitioner's case. The Clerk of the Court shall close the file. IT IS SO ORDERED. DATED: 12/8/09 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

P:\PRO-SE\SBA\HC.08\Brumfield4257.DissPet.frm

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.08\Brumfield4257.DissPet.frm 2 Kenneth L. Brumfield 2306531 California State Prison - San Quentin San Quentin, CA 94964 Dated: December 10, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 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 December 10, 2009, 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. v. SF CITY OF et al, Defendant. / KENNETH L. BRUMFIELD, Plaintiff, Case Number: CV08-04257 SBA CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA