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)

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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

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