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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re BRIAN HILL,

No. C 12-05719 YGR (PR)

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ORDER OF DISMISSAL

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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

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- Centinela in Imperial, California. The Court assumes that Plaintiff claims to be a member of the

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United States District Court
For the Northern District of California

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plaintiff class in the Madrid v. Gomez class action -- litigation before Senior District Court Judge

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Thelton E. Henderson concerning the conditions at Security Housing Units (SHU) -- because the

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special master appointed by the Madrid court was Special Master Hagar. See 889 F. Supp. 1146

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(N.D. Cal. 1995). Judge Henderson has ruled that the overall conditions of the SHU do not violate

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the Eighth Amendment for the non-mentally ill inmates therein. See id. at 1227-30, 1260-65.

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In the present action, the Clerk of the Court opened a case file, sent out a notice that Plaintiff

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had not filed a complaint, and cautioned that the action would be dismissed if he did not submit a

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complaint within thirty days. The Clerk also sent out a notice that this action was deficient due to

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Plaintiff's failure to pay the filing fee or furnish a completed and signed Court-approved in forma

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pauperis application, and cautioned that the action would be dismissed if he did not pay the fee or

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file the application within thirty days. Plaintiff then sent a letter stating that he did not intend to

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commence a new action but only to inform Special Master Hagar of his concerns. (Docket No. 4.)

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In light of Plaintiff's explanation that the letter he sent to Special Master Hagar was not

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intended to commence a new action, this action is DISMISSED as opened in error. The Clerk of the

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Court is directed to send an electronic copy of the original letter (docket no. 1) and this Order to

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Judge Henderson's courtroom deputy. No filing fee is due. The Clerk shall close the file.

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IT IS SO ORDERED.
DATED: February 19, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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