Legros v. Unknown

Filing 9

ORDER ADMINISTRATIVELY CLOSING CASE. Plaintiff's filings indicate that he never intended to file a civil action. Accordingly, the Court finds that the instant case was opened in error and directs the Clerk to terminate any pending deadlines and administratively close the case. ***Civil Case Terminated. Signed by Judge Edward J. Davila on 1/19/2016. (Attachments: # 1 Certificate/Proof of Service)(ecg, COURT STAFF) (Filed on 1/19/2016)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 CHARLES ROBERT LEGROS, 11 Plaintiff, 12 v. 13 14 UNKNOWN, Defendant. 15 No. C 15-05449 EJD (PR) ) ) ) ) ) ) ) ) ) ) ) ORDER ADMINISTRATIVELY CLOSING CASE 16 17 On November 27, 2015, Plaintiff, a state prisoner at San Quentin State Prison, 18 filed a pro se letter which the Court construed as a civil rights action pursuant to 42 19 U.S.C. § 1983. (Docket No. 1.)1 The Clerk sent notice to Plaintiff that in order to 20 proceed he must file a complaint on the Court’s form and file an application to proceed in 21 forma paupers. (See Docket Nos. 2 & 3.) On December 7, 2015, in response to the 22 Clerk’s notice, Plaintiff filed a document entitled “Unintended Filing Notice,” in which 23 he states that the letter he sent was intended for Judge Thelton Henderson and that he was 24 in the process of exhausting his administrative remedies before filing a civil complaint. 25 (Docket No. 5.) On December 30, 2015, Plaintiff filed a second notice of unintended 26 27 28 1 This action was assigned to this Court on December 21, 2015, after the time allowed for Plaintiff to consent or decline to magistrate jurisdiction had passed. (See Docket Nos. 4 and 7.) Order of Transfer 05449Legros_admin close.wpd 1 1 filing. (Docket No. 8.) Plaintiff’s filings indicate that he never intended to file a civil 2 action. Accordingly, the Court finds that the instant case was opened in error and directs 3 the Clerk to terminate any pending deadlines and administratively close the case. 4 DATED: 1/19/2016 EDWARD J. DAVILA United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Administratively Closing Case P:\PRO-SE\EJD\CR.15\05449Legros_admin close.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?