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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re GREGORY A. SMITH,

No. C 11-04467 SBA (PR)

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ORDER OF DISMISSAL

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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

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"conditions [he has] been living in for the past several months, with rogue prison guards putting

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United States District Court
For the Northern District of California

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dangerous foreign substances in [his food]" in the prison at which he is currently housed, Salinas

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Valley State Prison. In this action, the Clerk of the Court opened a case file, and sent out a notice

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that Plaintiff had not filed a complaint, and cautioned that the action would be dismissed if he did

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not submit a complaint within thirty days. The Clerk also sent out a notice that this action was

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deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in

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forma pauperis application, and cautioned that the action would be dismissed if he did not pay the

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fee or file the application materials within thirty days. Plaintiff then sent a letter stating that he did

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not intend to commence a new action but only to inform the judge of his concerns. (Docket no. 4.)

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In light of Plaintiff's explanation that the letter he sent to Judge Henderson was not intended

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to commence a new action, this action is DISMISSED because it was opened in error. No filing fee

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is due. The Clerk shall close the file.

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IT IS SO ORDERED.

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DATED:

11/7/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.11\Smith4467.dismiss(error).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GREGORY ANDRE SMITH,
Case Number: CV11-04467 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.

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// et al,

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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 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.

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Gregory Andre Smith P42354
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960

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Dated: November 9, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.11\Smith4467.dismiss(error).wpd

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