Johnson v. Freitas et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 12/10/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/10/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 PAUL SAMUEL JOHNSON, 8 9 United States District Court For the Northern District of California 10 11 12 13 No. C 13-4777 CW (PR) Petitioner, ORDER OF DISMISSAL v. STEVE FREITAS, SONOMA COUNTY SHERIFF, MAIN ADULT DETENTION FACILITY, DR. FADAKI, Respondents. ________________________________/ 14 On October 15, 2013, pro se Petitioner Paul Samuel Johnson 15 filed this action on a form for a petition for a writ of habeas 16 corpus and the Clerk entered it on the docket as a petition for a 17 writ of habeas corpus. However, the second page of the petition 18 indicates that it is a civil rights complaint regarding 19 Petitioner’s medical treatment at the County Jail. 20 On the same day the “petition” was filed, the Clerk of the 21 Court sent Petitioner a notice indicating that his application to 22 proceed in forma pauperis was defective because he had not 23 submitted a Certificate of Funds in Prisoner’s Account completed 24 and signed by an authorized officer at the jail and he did not 25 attach a copy of his prisoner trust account statement showing 26 transactions for the last six months. See Doc. no. 3. The notice 27 indicated that Petitioner must file the necessary documents or pay 28 1 the $5.00 filing fee within thirty days from the date of the 2 notice or his action would be dismissed, the file closed and the 3 entire fee would become due. 4 More than thirty days have passed and Petitioner has not 5 filed the required documents or paid the $5.00 filing fee. 6 Therefore, this case is dismissed without prejudice to re-filing 7 in a new case.1 8 The Clerk shall terminate all motions and close the file. 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 Dated: 12 12/10/2013 CLAUDIA WILKEN United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 If Petitioner re-files this case, he is advised to use the civil rights complaint form. 2

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