Anderson v. Unknown

Filing 6

ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 11/26/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/26/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-04278 YGR (PR)

In re SAMUEL ANDERSON

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ORDER OF DISMISSAL
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United States District Court
For the Northern District of California

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This action was opened on September 16, 2013, when the Court received from Plaintiff
Samuel Anderson, who is currently incarcerated at California State Prison - Los Angeles County
(CSP-LAC), a letter addressed to Special Master John Hagar. (Docket No. 1.)
In this action, the Clerk of the Court opened a case file, sent out a notice that Plaintiff had not
filed a complaint, and cautioned that the action would be dismissed if he did not submit a complaint
within twenty-eight days. The Clerk also sent out a notice that this action was deficient due to
Plaintiff's failure to pay the filing fee or furnish a completed and signed Court-approved in forma
pauperis application, and cautioned that the action would be dismissed if he did not pay the fee or
file the application within twenty-eight days.
On September 27, 2013, Plaintiff filed with the Court a letter stating that he did not intend to
file a civil action but to complain about the "problems" he has been having with the "B-Yard
librarian about making copies of so many pages and exhibits." (Docket No. 4.) Plaintiff requests for
a "'Court Order' for physical access to B-Yards law library, and also that Court Order should state
how many copies are to be made because [he has] over 300 pages with evidence to be copied. " (Id.)
In addition, Plaintiff requests for the Court Order to grant him "corrections tape" because the
librarian "feels that corrections tape is not a material needed to correct mistakes . . . ." (Id.) Such
requests are DENIED because Plaintiff has not shown a sufficient reason for this Court to interfere
in the day-to-day operations of the prison. See Turner v. Safley, 482 U.S. 78, 84-86 (1987); Wright
v. Rushen, 642 F.2d 1129, 1132 (9th Cir. 1981) (courts should avoid enmeshing themselves in
minutiae of prison operations in name of constitution). In any event, should Plaintiff seek to allege
any further claims challenging the conditions of his confinement at CSP-LAC, those claims must be

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brought in a separate lawsuit in the Western Division of the United States District Court for the

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Central District of California, the proper venue for claims arising in Los Angeles County, where

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CSP-LAC is located. See 28 U.S.C. § 1391(b); 28 U.S.C. § 84.

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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. No filing fee is

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due. The Clerk shall terminate all pending motions and close the file.

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IT IS SO ORDERED.
DATED: November 26, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\CR.13\Anderson4278.DISM(filedinerror).frm

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