David v. Unknown

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 1/23/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 1/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID M. DAVID,

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Plaintiff,
v.
UNKNOWN,

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Defendant.

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No. C 11-6242 LHK (PR)
ORDER OF DISMISSAL

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On December 13, 2011, Plaintiff, proceeding pro se, filed a notice of unlawful seizure of

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legal materials and evidence of factual innocence, which commenced this action. The same day,

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the Clerk notified Plaintiff that he had not paid the filing fee, nor had he filed an application to

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proceed in forma pauperis (“IFP”). On January 17, 2012, Plaintiff submitted a motion for

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clarification and consolidation, stating that he intended to file the original notice in his previous

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case, David v. Reno, No. 95-4388 TEH. Plaintiff explains that this action was erroneously

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opened. Based on a review of Plaintiff’s submissions, the instant action is DISMISSED as

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improvidently opened. The Clerk shall file Plaintiff’s notice of unlawful seizure of legal

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materials (docket no. 1) in David v. Reno, No. 95-4388 TEH, and close the file in David v.

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Unknown, No. 11-6424 LHK.

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This order terminates docket number 4.

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IT IS SO ORDERED.
1/23/12

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Dated:

LUCY H. KOH
United States District Judge

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Order of Dismissal
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