Giles v. San Quentin State Prison

Northern District of California, cand-4:2015-cv-01470

ORDER DISMISSING CASE. Signed by Judge Yvonne Gonzalez Rogers on 4/27/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 In re OSSIE GILES, 7 Case No. 15-cv-01470-YGR (PR) 8 ORDER OF DISMISSAL 9 10 11 12 On March 31, 2015, this action was opened when the Court received from Plaintiff a letter Northern District of California United States District Court 13 addressed to Senior District Court Judge Thelton E. Henderson expressing his displeasure with the 14 conditions of confinement in the prison at which he is currently housed, i.e., San Quentin State 15 Prison in San Quentin, California. Dkt. 1 at 3. In turn, the Clerk of the Court opened a case file, 16 and sent a notice to Plaintiff advising him that he had not filed a complaint, and cautioned that the 17 action would be dismissed if he did not submit a complaint within twenty-eight days. The Clerk 18 separately sent out a notice that this action was deficient due to the failure to pay the filing fee or 19 furnish a completed and signed Court-approved in forma pauperis application, and cautioned that 20 the action would be dismissed if he did not pay the fee or file the application materials within 21 twenty-eight days. 22 In response, Plaintiff sent a letter dated April 7, 2015 to the Clerk indicating that he had 23 not exhausted his available administrative remedies, and that he was requesting a "stay of action 24 on this matter until all my CDCR administrative remedies are completed." Dkt. 5 at 1. The Court 25 construes Plaintiff's letter as an indication that he did not intend to commence a new action when 26 he wrote the letter to Judge Henderson, but that he only intended to inform the judge of his 27 concerns. 28 In light of Plaintiff's explanation that the letter he sent to Judge Henderson was not 1 intended to commence a new action, this action is DISMISSED because it was opened in error. 2 Plaintiff may file a new civil rights action using the attached civil rights complaint form after he 3 has exhausted his administrative remedies. 4 No filing fee is due. The Clerk shall close the file. The Clerk shall send Plaintiff a blank 5 civil rights complaint form along with his copy of this Order. 6 IT IS SO ORDERED. 7 Dated: April 27, 2015 8 ______________________________________ YVONNE GONZALEZ ROGERS 9 United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2