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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 DAVID M. DAVID, 10 11 12 Plaintiff, v. UNKNOWN, 13 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 11-6242 LHK (PR) ORDER OF DISMISSAL 14 15 On December 13, 2011, Plaintiff, proceeding pro se, filed a notice of unlawful seizure of 16 legal materials and evidence of factual innocence, which commenced this action. The same day, 17 the Clerk notified Plaintiff that he had not paid the filing fee, nor had he filed an application to 18 proceed in forma pauperis (“IFP”). On January 17, 2012, Plaintiff submitted a motion for 19 clarification and consolidation, stating that he intended to file the original notice in his previous 20 case, David v. Reno, No. 95-4388 TEH. Plaintiff explains that this action was erroneously 21 opened. Based on a review of Plaintiff’s submissions, the instant action is DISMISSED as 22 improvidently opened. The Clerk shall file Plaintiff’s notice of unlawful seizure of legal 23 materials (docket no. 1) in David v. Reno, No. 95-4388 TEH, and close the file in David v. 24 Unknown, No. 11-6424 LHK. 25 This order terminates docket number 4. 26 IT IS SO ORDERED. 1/23/12 27 Dated: LUCY H. KOH United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.LHK\CR.11\David242disdupl.wpd

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