Anderson v. State of California

Filing 4

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 12/8/08. (lrc, COURT STAFF) (Filed on 12/8/2008)

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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 / Petitioner Rickard D. Anderson has filed a document entitled "Petition for a Writ of Habeas Corpus." Petitioner has also filed an application to proceed in forma pauperis (IFP). In the petition form he writes nonsensical phrases with no clear relationship to each other. 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). 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. Accordingly, the instant action is DISMISSED WITHOUT PREJUDICE. Petitioner's IFP application is GRANTED. The Court has rendered its final decision on this matter; therefore, this In re RICKARD D. ANDERSON, No. C 08-05250 SBA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 Order TERMINATES Petitioner's case. The Clerk of the Court shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: 12/8/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\HC.08\Anderson5250.DISSMISS.unintelligible.f2m r 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\Anderson5250.DISSMISS.unintelligible.f3m r UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICKARD D ANDERSON, Plaintiff, v. STATE OF CALIFORNIA et al, Defendant. / Case Number: CV08-05250 SBA CERTIFICATE OF SERVICE 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 8, 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 P.O. Box 409040 4001 State Highway 104 Ione, CA 95640 Dated: December 8, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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