Anderson v. Unknown

Filing 6

ORDER DISMISSING ACTION AS OPENED IN ERROR. The Clerk shall enter Judgment and close the file. No filing fee is due in this case. Signed by Judge Yvonne Gonzalez Rogers on 1/27/2012. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/27/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. In re SAMUEL ANDERSON, 5 C 11-06318 YGR (PR) C 12-00018 YGR (PR) ORDER DISMISSING ACTIONS AS OPENED IN ERROR 6 7 / 8 9 These actions were opened on December 14, 2011 (Case No. C 11-06318 YGR (PR)) and United States District Court For the Northern District of California 10 January 4, 2012 (Case No. C 12-00018 YGR (PR), when the Court received from Plaintiff Samuel 11 Anderson letters addressed to Senior District Court Judge Thelton E. Henderson expressing 12 displeasure with the conditions Plaintiff has been living in at High Desert State Prison (HDSP), 13 including allegations of deliberate indifference to his serious medical needs. In each action, the 14 Clerk of the Court opened a case file, and sent out a notice that Plaintiff had not filed a complaint, 15 and cautioned that the action would be dismissed if he did not submit a complaint within thirty days. 16 The Clerk also sent out notices that the actions were deficient due to the failure to pay the filing fee 17 or furnish a completed and signed Court-approved in forma pauperis application, and cautioned that 18 the actions would be dismissed if he did not pay the fee or file the application materials within thirty 19 days. 20 The Court notes that Plaintiff filed a previous action, Case No. C 11-06230 YGR (PR) in 21 which he had filed a similar letter addressed to Judge Henderson on December 13, 2011. In that 22 letter, Plaintiff claimed that "for the last six (6) months [he has] been trying to receive proper and 23 adequate medical care for pain." (Pl.'s Dec. 13, 2011 Letter at 1.) He claimed that prison officials 24 stopped his "pain medications for severe scoliosis with degenerative disc; small cell cancer, [and] 25 neuropathy with severe nerve pain in both feet." (Id.) As in his other cases, the Clerk opened a case 26 file and sent out similar notices that Plaintiff had neither filed a complaint nor furnished a completed 27 and signed Court-approved in forma pauperis application. On January 12, 2012, Plaintiff responded 28 to the Clerk's notices by filing a document entitled, "Affidavit," in which he names various HDSP 1 prison officials as Defendants and states that he "wishes to file motions and file an Order to Show 2 Cause/Temporary Order because [Defendants] intentionally discontinued . . . medications . . . 3 causing plaintiff to have headaches and lost [sic] of sleep." (Pl.'s Jan. 12, 2012 Aff. at 3.) Plaintiff 4 has also filed a completed and signed in forma pauperis application. 5 As evident from his responses to the Clerk's notices in his previous action, Case No. C 11- 6 06230 YGR (PR), it is clear that Plaintiff wishes to pursue that action only. Because Plaintiff has 7 not filed any responses to the Clerk's notices in his two other actions, Case Nos. C 11-06318 YGR 8 (PR) and C 12-00018 YGR (PR), the Court assumes that he did not intend to commence new actions 9 but only to further inform Judge Henderson of his concerns. United States District Court For the Northern District of California 10 In light of the above, the letters he sent to Judge Henderson in Case Nos. C 11-06318 YGR 11 (PR) and C 12-00018 YGR (PR) were not intended to commence new actions; therefore, both 12 actions are DISMISSED because they were opened in error. The Clerk is directed to remove the 13 letters filed in both actions, to file them in his previously-filed action, Case No. C 11-06230 YGR 14 (PR), and to docket them as Plaintiff's "Follow-up Letters." The Clerk is further directed to mark 15 them as filed on the dates they were received by the Court. 16 17 18 19 The Clerk shall enter judgment and close the files in Case Nos. C 11-06318 YGR (PR) and C 12-00018 YGR (PR). No filing fee is due in those cases. IT IS SO ORDERED. DATED: January 27, 2012 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.11\Anderson11-6318&12-0018.dism(filed in error).frm 2

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