Smith v. Salinas Valley State Prison Guards

Filing 5

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 11/7/11. (lrc, COURT STAFF) (Filed on 11/9/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 In re GREGORY A. SMITH, No. C 11-04467 SBA (PR) 4 ORDER OF DISMISSAL 5 / 6 7 This action was opened when the Court received from Plaintiff Gregory A. Smith a letter addressed to Senior District Court Judge Thelton E. Henderson expressing his displeasure with the 9 "conditions [he has] been living in for the past several months, with rogue prison guards putting 10 United States District Court For the Northern District of California 8 dangerous foreign substances in [his food]" in the prison at which he is currently housed, Salinas 11 Valley State Prison. In this action, the Clerk of the Court opened a case file, and sent out a notice 12 that Plaintiff had not filed a complaint, and cautioned that the action would be dismissed if he did 13 not submit a complaint within thirty days. The Clerk also sent out a notice that this action was 14 deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in 15 forma pauperis application, and cautioned that the action would be dismissed if he did not pay the 16 fee or file the application materials within thirty days. Plaintiff then sent a letter stating that he did 17 not intend to commence a new action but only to inform the judge of his concerns. (Docket no. 4.) 18 In light of Plaintiff's explanation that the letter he sent to Judge Henderson was not intended 19 to commence a new action, this action is DISMISSED because it was opened in error. No filing fee 20 is due. The Clerk shall close the file. 21 IT IS SO ORDERED. 22 DATED: 11/7/11 SAUNDRA BROWN ARMSTRONG United States District Judge 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Smith4467.dismiss(error).wpd 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 GREGORY ANDRE SMITH, Case Number: CV11-04467 SBA 5 Plaintiff, CERTIFICATE OF SERVICE 6 v. 7 // et al, 8 Defendant. / 9 United States District Court For the Northern District of California 10 11 12 13 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 9, 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. 14 15 17 Gregory Andre Smith P42354 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960 18 Dated: November 9, 2011 16 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Smith4467.dismiss(error).wpd 2

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