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