Schenck v. The People of the State of California et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Claudia Wilken on 3/31/2011. (ndr, COURT STAFF) (Filed on 3/31/2011)

Schenck v. The People of the State of California et al

Doc. 6

1 2 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 The Clerk of the Court erroneously opened this case when Petitioner filed a document entitled, "Petition for Writ of Mandate," which is related to his other pending action, Schenck v. People of the State of California, Case No. C 11-0448 CW (PR). Petitioner also filed a document entitled, "Amended Petition," which is a duplicate copy of the amended petition filed in Case No. C 11-0448 CW (PR). He has also filed a letter to the Court and a v. PEOPLE OF THE STATE OF CALIFORNIA, et al., Respondents. _____________________________/ RYKER WILLIAM SCHENCK, Petitioner, No. C 11-00449 CW (PR) ORDER DISMISSING CASE IN THE UNITED STATES DISTRICT COURT

motion for leave to proceed in forma pauperis. The Court directs the Clerk to refile the following in Case No. C 11-0448 CW (PR) using the date they were filed: (1) the "Petition for Writ of Mandate" (docket no. 1), which shall be renamed as a "Supplement to the Petition;" (2) Petitioner's letter (docket no. 3), which shall be renamed as a "Letter re: Entrapment;" and (3) the "Amended Petition," which shall be renamed as a "Duplicate Copy of the Amended Petition". The Court will

review Petitioner's "Amended Petition" in a separate written Order in Case No. C 11-0448 CW (PR).

Dockets.Justia.com

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

The present action is DISMISSED because it was opened in error. The in forma pauperis application (docket no. 5) is DENIED No filing fee is due. The Clerk shall close the file.

as moot.

IT IS SO ORDERED Dated: 3/31/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

2

1 2 3

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RYKER WILLIAM SCHENCK,

4 Plaintiff, 5 v. 6 PEOPLE OF STATE OF CA et al, 7 Defendant. 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 3 Ryker William Schenck Marin County Jail Prisoner No. 0092899 13 Peter Behr Drive San Rafael, CA 94903 Dated: March 31, 2011 /

Case Number: CV11-00449 CW 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 March 31, 2011, 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.

Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk