Anderson v. Koch

Filing 8

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 11/18/08. (lrc, COURT STAFF) (Filed on 11/20/2008)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) In re ) RICKARD DENNIS ANDERSON, ) ) ) ) ) ) ) ) No. C 08-4946 SBA (pr) No. C 08-5046 SBA (pr) ORDER OF DISMISSAL United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Rickard D. Anderson has filed two petitions for a writ of habeas corpus. In the petition forms he writes nonsensical phrases with no clear relationship to each other. Attached to the petition form filed in Case no. C 08-4946 SBA (PR) are random documents, including a partiallycompleted state habeas petition form, a 28-page informational packet regarding federal habeas corpus from the Prison Law Office, and a letter from the Prison Law Office. Petitioner has also filed two separate applications to proceed in forma pauperis (IFP). Nowhere does Petitioner assert identifiable federal claims or make coherent factual allegations that could give rise to valid habeas corpus or civil rights claims. Nor does he allege the exhaustion of state remedies, which is a prerequisite to filing a federal habeas corpus action. 28 U.S.C. 2254(b). Petitioner has previously filed several petitions which have all been dismissed as unintelligible. In addition, Petitioner has filed well over one hundred complaints in this Court since 2003, all of which have been unintelligible. It is difficult to ascertain from Petitioner's complaints who he is seeking relief from or what relief he is seeking. These filings serve no reasonable litigation purpose, and they impose an unreasonable burden on the Court and its staff. Furthermore, based on Petitioner's past history of failing to respond to this Court's orders to amend unintelligible complaints, the Court finds that granting Petitioner leave to amend would be futile. 1 2 3 4 5 6 7 8 9 10 Accordingly, the instant actions are DISMISSED WITHOUT PREJUDICE. Petitioner's IFP applications are GRANTED. All other pending motions are TERMINATED. The Clerk of the Court shall close both files. IT IS SO ORDERED. DATED: 11/18/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.08\Anderson4946&5046.DISMISS.unintelligible.frm 2 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICKARD DENNIS ANDERSON et al, Plaintiff, v. SHERIFF MICHAEL HENNESSY et al, Defendant. / Case Number: CV08-04946 SBA CERTIFICATE OF SERVICE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 November 20, 2008, 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. Rickard Dennis Anderson F-11871 Mule Creek State Prison 4001 State Highway 104 Ione, CA 95640 Dated: November 20, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\HC.08\Anderson4946&5046.DISMISS.unintelligible.frm 3

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