David v. Unknown
Filing
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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,
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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
G:\PRO-SE\SJ.LHK\CR.11\David242disdupl.wpd
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