Jordan v. District Court Judge

Filing 8

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/14/13. (lrc, COURT STAFF) (Filed on 2/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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Plaintiff,
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v.
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DISTRICT COURT JUDGE,
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Defendant.
_____________________________ )
IMHOTEP JORDAN, JR.,

No. C 12-3159 SBA (PR)
ORDER OF DISMISSAL

Plaintiff Imhotep Jordan, Jr., an inmate at California State Prison in Lancaster, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on June 19, 2012. On the same date, the

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Clerk of the Court sent Plaintiff a notice instructing him to complete an in forma pauperis

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application within thirty days from the filing date stamped on the notice, or else his case

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would be dismissed.

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On July 10, 2012, the Court's mail was returned as undeliverable because Plaintiff
refused to accept it.
On July 25, 2012, Plaintiff filed a document entitled, "Presentation of Judicial Notice

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of Mail Tampering by Prison Employee," in which he stated he did not accept the Court's

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mail because it had been opened by a prison employee.

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On August 27, 2012, the Clerk of the Court sent Plaintiff a second notice that the

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completion of his in forma pauperis application was due in thirty days from the filing date of

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the notice, and that the failure to comply would result in the dismissal of his case.

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On December 5, 2012, the Court's mail was returned as undeliverable because, again,
Plaintiff refused to accept it.

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More than thirty days have passed since the Clerk of the Court sent Plaintiff a second

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notice that his in forma pauperis application was due. Plaintiff has not submitted the

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requisite application as ordered or communicated with the Court since July 25, 2012. The

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Court therefore finds that Plaintiff's refusal to accept mail from the Court, lack of

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communication, and non-compliance with the Court's instructions constitute grounds for

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dismissal under Federal Rule of Civil Procedure 41(b). See Ferdik v. Bonzelet, 963 F.2d

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1258, 1260 (9th Cir. 1992). Accordingly,

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United States District Court
For the Northern District of California

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IT IS HEREBY ORDERED THAT the instant action is DISMISSED without
prejudice. The Clerk of the Court shall close the file.
IT IS SO ORDERED.
DATED: 2-14-13
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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IMHOTEP JORDAN JR,
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Case Number: CV12-03159 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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DISTRICT COURT JUDGE 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 February 19, 2013, 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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Imhotep Jordan C-71742
California State Prison - Los Angeles at Lancaster
(LAC)
P.O. Box 8457
44751 60th Street West
Lancaster, CA

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Dated: February 19, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.12\Jordan 12-3159 Dis.frm

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United States District Court
For the Northern District of California

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