Miller v. Unknown - name not given

Filing 5

ORDER DISMISSING CASE as opened in error. Signed by Judge Yvonne Gonzalez Rogers on 1/31/2014. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/31/2014)

1
2
IN THE UNITED STATES DISTRICT COURT
3
4

FOR THE NORTHERN DISTRICT OF CALIFORNIA

5
6

No. C 13-5892 YGR (PR)

In re ANTHONY MILLER,

ORDER OF DISMISSAL

7
/

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

This action was opened when the Court received from Plaintiff Anthony Miller a letter
addressed to Senior District Court Judge Thelton E. Henderson expressing displeasure with the
prison staff at the Richard J. Donovan Correctional Facility in San Diego, California.
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. Plaintiff then sent a letter stating that he did not intend
to commence a new action but only to inform Judge Henderson of his concerns. (Docket No. 4).
In light of Plaintiff's explanation that the letter he sent to Judge Henderson was not intended
to commence a new action, this action is DISMISSED as opened in error. The Clerk of the Court is
directed to send an electronic copy of the original letter (Docket No. 1) and this Order to Judge
Henderson's courtroom deputy. No filing fee is due. The Clerk shall close the file.
IT IS SO ORDERED.
DATED: January 31, 2014
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

25
26
27
28

G:\PRO-SE\YGR\CR.13\Miller5892.DISM(error).wpd