Fond v. Gomez, et al.
Filing
6
ORDER OF DISMISSAL. Signed by Judge Saundra Brown Armstrong on 2/25/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/25/2014)
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
No. C 14-0406 SBA (PR)
In re PHILIP FOND,
4
ORDER OF DISMISSAL
5
/
6
This action was opened when the Court received from Plaintiff Philip Fond a letter
8
addressed to Senior District Court Judge Thelton E. Henderson expressing his displeasure
9
with the conditions of confinement in the prison at which he is currently housed, i.e., Valley
10
United States District Court
For the Northern District of California
7
State Prison in Chowchilla, California. In turn, the Clerk of the Court opened a case file, and
11
sent a notice to Plaintiff advising him that he had not filed a complaint, and cautioned that
12
the action would be dismissed if he did not submit a complaint within twenty-eight days.
13
The Clerk separately sent out a notice that this action was deficient due to the failure to pay
14
the filing fee or furnish a completed and signed Court-approved in forma pauperis
15
application, and cautioned that the action would be dismissed if he did not pay the fee or file
16
the application materials within twenty-eight days.
17
In response, Plaintiff sent a letter stating that he did not intend to commence a new
18
action, but that he only intended to inform Judge Henderson of his concerns. Dkt. 4. In
19
addition, Plaintiff states that he wishes to exhaust his administrative remedies prior to filing
20
any new complaints.1 Id. In light of Plaintiff's explanation that the letter he sent to Judge
21
Henderson was not intended to commence a new action, this action is DISMISSED because
22
it was opened in error. No filing fee is due. The Clerk shall close the file.
23
This Order terminates Docket nos. 4 and 5.
24
IT IS SO ORDERED.
25
DATED:
2/25/2014
SAUNDRA BROWN ARMSTRONG
United States District Judge
26
27
1
28
In the alternative, Plaintiff has filed a request to stay proceedings pending
exhaustion. Dkt. 5. Because this action will be dismissed as filed in error, Plaintiff's request
to stay is DENIED as moot.
P:\PRO-SE\SBA\CR.14\Fond0406.DISM(error).wpd
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?