In re Brian Hill

Filing 5

ORDER DISMISSING CASE. Signed by Judge Yvonne Gonzalez Rogers on 2/19/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/19/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 In re BRIAN HILL, No. C 12-05719 YGR (PR) 4 ORDER OF DISMISSAL 5 / 6 7 This action was opened when the Court received from Plaintiff Brian Hill a letter addressed to Special Master John Hagar expressing displeasure with the medical care at California State Prison 9 - Centinela in Imperial, California. The Court assumes that Plaintiff claims to be a member of the 10 United States District Court For the Northern District of California 8 plaintiff class in the Madrid v. Gomez class action -- litigation before Senior District Court Judge 11 Thelton E. Henderson concerning the conditions at Security Housing Units (SHU) -- because the 12 special master appointed by the Madrid court was Special Master Hagar. See 889 F. Supp. 1146 13 (N.D. Cal. 1995). Judge Henderson has ruled that the overall conditions of the SHU do not violate 14 the Eighth Amendment for the non-mentally ill inmates therein. See id. at 1227-30, 1260-65. 15 In the present action, the Clerk of the Court opened a case file, sent out a notice that Plaintiff 16 had not filed a complaint, and cautioned that the action would be dismissed if he did not submit a 17 complaint within thirty days. The Clerk also sent out a notice that this action was deficient due to 18 Plaintiff's failure to pay the filing fee or furnish a completed and signed Court-approved in forma 19 pauperis application, and cautioned that the action would be dismissed if he did not pay the fee or 20 file the application within thirty days. Plaintiff then sent a letter stating that he did not intend to 21 commence a new action but only to inform Special Master Hagar of his concerns. (Docket No. 4.) 22 In light of Plaintiff's explanation that the letter he sent to Special Master Hagar was not 23 intended to commence a new action, this action is DISMISSED as opened in error. The Clerk of the 24 Court is directed to send an electronic copy of the original letter (docket no. 1) and this Order to 25 Judge Henderson's courtroom deputy. No filing fee is due. The Clerk shall close the file. 26 27 IT IS SO ORDERED. DATED: February 19, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 28 G:\PRO-SE\YGR\CR.12\Hill5719.dismiss(ERROR).wpd

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