O'Hines v. Freeland et al

Filing 5

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/19/09. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 10/20/2009)

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1 2 3 4 5 6 7 8 9 10 vs. Warden JEFF FREELAND, et al., Defendants. JAMES LYNN O'HINES, Plaintiff, No. C 09-2375 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United 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 / This is a civil rights case filed pro se by a state prisoner. The complaint is incomprehensible, and so is DISMISSED without prejudice. See Jackson v. Arizona, 885 F.2d 639, 641 (9th Cir. 1989) (claim that is totally incomprehensible may be dismissed as frivolous as it is without an arguable basis in law); see also Cato v. United States, 70 F.3d 1103, 1106-07 (9th Cir. 1995) (an IFP complaint that fails to identify any constitutional or statutory right that was violated, or assert any basis for federal subject matter jurisdiction is frivolous). The clerk shall close the file. IT IS SO ORDERED. Dated: October 19, 2009. PHYLLIS J. HAMILTON United States District Judge 28 P:\PRO-SE\PJH\CR.09\O'HINES2375.DSM.wpd

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