Wilson v. //

Filing 5

ORDER. Good cause appearing, the Clerk shall ADMINISTRATIVELY CLOSE this case and electronically forward a copy of the court file to Judge Henderson. Because this case was opened in error, no filing fee is due. ***Civil Case Terminated. Signed by Judge Edward J. Davila on 4/22/2013. (ecg, COURT STAFF) (Filed on 4/23/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IN RE KELLY H. WILSON
Plaintiff.

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No. C 13-01373 EJD (PR)

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ORDER ADMINISTRATIVELY
CLOSING CASE

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On March 27, 2013, Plaintiff, a state prisoner proceeding pro se, filed a letter to

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Judge Henderson complaining of prison conditions which was construed as an attempt to

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file a civil rights action under 42 U.S.C. § 1983. The same day, the Clerk of the Court

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sent Plaintiff a notice that he must file a complaint using the court’s form complaint

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within twenty-eight days from the filing date of the notice to avoid dismissal. (See

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Docket No. 3.) Plaintiff was provided with a blank copy of the form complaint.

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On April 11, 2013, Plaintiff responded with a letter to the Court, stating that it was

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not his intent to file a civil suit and asking the Court to forward the letter to Judge

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Henderson. (Docket No. 4.)

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Good cause appearing, the Clerk shall ADMINISTRATIVELY CLOSE this case

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and electronically forward a copy of the court file to Judge Henderson. Because this case

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was opened in error, no filing fee is due.

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DATED:

4/22/2013

EDWARD J. DAVILA
United States District Judge

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Order Administratively Closing Case
G:\PRO-SE\SJ.EJD\CR.13\01373Wilson_adminclose.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

IN RE KELLY WILSON,

Case Number: CV13-01373 EJD

Plaintiff.

CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/23/2013
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Kelly H. Wilson K-15977
California State Prison-Soledad
Highway 101 North
P.O. Box 686
Soledad, CA 93960-0686
Dated:

4/23/2013
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk