Williams v. Garcia et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/25/11. (lrc, COURT STAFF) (Filed on 5/27/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH WILLIAMS,

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Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
SERGEANT GARCIA, et al.,

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Defendants.

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No. C 11-01912 SBA (PR)

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On April 20, 2011, this action was opened when the Court received a one-page document

United States District Court
For the Northern District of California

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entitled, "Civil Complaint Coversheet" from Plaintiff, a state prisoner. He included the case caption

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and his address on that document; however, he did not attach any other pages outlining any claims,

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the factual basis for his claims or the relief requested. Nor did he include a page with his signature

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and the signature date. On the same date, Plaintiff also submitted a three-page document entitled,

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"Request for a Temporary Restraining Order." In that document, he claims that he is "in the process

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of filing his 42 U.S.C. § 1983 civil complaint form in this Honorable Court." (TRO Req. at 1.)

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In two separate Notices, also dated April 20, 2011, the Clerk of the Court directed Plaintiff to

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complete a civil rights complaint form and an in forma pauperis (IFP) application. Plaintiff was

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informed that he must complete these documents within thirty days or his action would be

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dismissed. The Clerk sent Plaintiff a blank civil rights complaint form as well as a prisoner's IFP

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application.

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More than thirty days have passed and Plaintiff has not filed the requisite documents or

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otherwise communicated with the Court. Accordingly, this action is DISMISSED WITHOUT

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PREJUDICE. The Court has rendered its final decision on this matter; therefore, this Order

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TERMINATES Plaintiff's case. The Clerk shall terminate all pending motions as moot, including

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Plaintiff's "Request for a Temporary Restraining Order" (docket no. 3), and close the file.

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This Order terminates Docket no. 3.

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IT IS SO ORDERED.

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DATED:

5/25/11
SAUNDRA BROWN ARMSTRONG

G:\PRO-SE\SBA\CR.11\Williams1912.NoCompl&DisIFP.wpd

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United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH WILLIAMS,
Case Number: CV11-01912 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
GARCIA et al,
Defendant.

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United States District Court
For the Northern District of California

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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 May 27, 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.

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Joseph Williams G-41217
California State Prison - San Quentin
San Quentin, CA 94974
Dated: May 27, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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