David v. Unknown
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
DAVID M. DAVID,
No. C 11-6242 LHK (PR)
ORDER OF DISMISSAL
On December 13, 2011, Plaintiff, proceeding pro se, filed a notice of unlawful seizure of
legal materials and evidence of factual innocence, which commenced this action. The same day,
the Clerk notified Plaintiff that he had not paid the filing fee, nor had he filed an application to
proceed in forma pauperis (“IFP”). On January 17, 2012, Plaintiff submitted a motion for
clarification and consolidation, stating that he intended to file the original notice in his previous
case, David v. Reno, No. 95-4388 TEH. Plaintiff explains that this action was erroneously
opened. Based on a review of Plaintiff’s submissions, the instant action is DISMISSED as
improvidently opened. The Clerk shall file Plaintiff’s notice of unlawful seizure of legal
materials (docket no. 1) in David v. Reno, No. 95-4388 TEH, and close the file in David v.
Unknown, No. 11-6424 LHK.
This order terminates docket number 4.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order of Dismissal
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