Fond v. Mule Creek State Prison et al

Filing 5

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

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3

In re PHILIP FOND,

No. C 11-04856 SBA (PR)

4

ORDER OF DISMISSAL

5
/

6

This action was opened when the Court received from Plaintiff Philip Fond a letter addressed

8

to Senior District Court Judge Thelton E. Henderson expressing his displeasure with the "processing

9

of staff misconduct appeals as well as many other health care related appeals" in the prison at which

10
United States District Court
For the Northern District of California

7

he is currently housed, Mule Creek State Prison. In this action, the Clerk of the Court opened a case

11

file, and sent out a notice that Plaintiff had not filed a complaint, and cautioned that the action would

12

be dismissed if he did not submit a complaint within thirty days. The Clerk also sent out a notice

13

that this action was deficient due to the failure to pay the filing fee or furnish a completed and signed

14

Court-approved in forma pauperis application, and cautioned that the action would be dismissed if

15

he did not pay the fee or file the application materials within thirty days. Plaintiff then sent a letter

16

stating that he did not intend to commence a new action but only to inform the judge of his concerns.

17

(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\Fond4856.dismiss(error).wpd

1
2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

3
4

IN RE PHILIP FOND,
Case Number: CV11-04856 SBA

5

Plaintiff,
CERTIFICATE OF SERVICE

6
7
8

v.
IN RE PHILIP FOND et al,
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
16
17
18

Philip Fond J-82538
Mule Creek State Prison
C14-247L
P.O. Box 409060
Ione, CA 956401-9060
Dated: November 9, 2011
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\Fond4856.dismiss(error).wpd

2