Canada v. Medical Health Housing

Filing 4

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 1/19/12. (lrc, COURT STAFF) (Filed on 1/23/2012)

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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 RONALD LEE CANADA,

No. C 11-05565 SBA (PR)

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ORDER OF DISMISSAL

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/

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For the Northern District of California

United States District Court

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On November 17, 2011, this action was opened when the Court received from Plaintiff a

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letter to Senior District Court Judge Lawrence K. Karlton of the United States District Court for the

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Eastern District of California expressing displeasure with the mental health care in the prison at

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which he is currently housed, California State Prison-Sacramento. The Clerk of the Court opened a

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

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

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

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

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dismissed if he did not pay the fee or file the application materials within thirty days. To date,

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Plaintiff has not responded to the Clerk's notices.

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The Court notes that several similar actions involving Plaintiff have been filed in the past. In

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Case Nos. C 11-4888 SBA (PR) and C 11-4999 SBA (PR), Plaintiff filed letters stating that he did

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not intend to commence a new action but only to inform Judge Karlton and/or the "Coleman1 Special

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Master's Team" of his mental health care concerns. (Docket no. 4 in Case No. C 11-4888 SBA (PR);

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Docket no. 5 in Case No. C 11-4999 SBA (PR).) The letters appear to apply to all past and future

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actions stemming from Plaintiff's letters to Judge Karlton and/or the "Coleman Special Master's

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Team," as Plaintiff filed nothing further in the instant action.

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Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995), which involved a class of
prisoner-plaintiffs with serious mental disorders, has been consolidated with another federal class action,
Plata v. Schwarzenegger, No. C 01-01351 TEH (N.D. Cal. filed 2001).

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In light of Plaintiff's explanation that the letters he sent to Judge Karlton and/or the

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"Coleman Special Master's Team" in his previous actions were not intended to commence a new

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action, the instant action is DISMISSED because it was opened in error. No filing fee is due. The

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Clerk shall close the file.

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IT IS SO ORDERED.
Dated: 1/19/12
SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\SBA\CR.11\Canada5565.dismiss(error).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
CALIFORNIA

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RONALD LEE CANADA,
Case Number: CV11-05565 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
JUDGE LAWRENCE K KARLTON et al,
Defendant.

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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 January 23, 2012, 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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Ronald Lee Canada C-65757
California State Prison - Sacramento
New Folsom State Prison
P.O. Box 29-0066
Represa, CA 95671-0066

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Dated: January 23, 2012

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

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G:\PRO-SE\SBA\CR.11\Canada5565.dismiss(error).wpd

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