Opinion
No. C 11-03791 SBA (PR) No. C 11-04426 SBA (PR)
10-25-2011
IMHOTEP JORDAN, JR., Plaintiff, v. JESSIE MOSLEY, Defendant. IMHOTEP JORDAN, JR., Plaintiff, v. RICHARD W. WIEKING, Defendant.
ORDER OF DISMISSAL
These actions were opened in error when the Court received documents from Plaintiff that were intended to be filed in a previously-filed action Case No. C 11-2668 SBA (PR). Plaintiff had only filed a document entitled, "Request for Entry of Default Judgment," which was signed on May 16, 2011, in Case No. C 11-2668 SBA (PR); therefore, he was informed by the Clerk of the Court that his action could not go forward until he filed with the Court a civil rights complaint form and a prisoner's in forma pauperis application.
On August 2, 2011, Case No. C 11-03791 SBA (PR) was opened when Plaintiff submitted a "Notice and Demand for Exhibition, Presentment, Evidence Without Dishonor Pursuant to 18 U.S.C. § 645 & 654 and 18 U.S.C. § 4 & 2382." In an effort to protect Plaintiff's rights, his filing was treated as an attempt to open a civil rights case under Section 1983. On the same date the case was opened, the Clerk sent Plaintiff a notice directing him to pay the filing fee or to file a completed in forma pauperis (IFP) application. On August 12, 2011, the Clerk's notice was returned as undeliverable with a notation: "Returned to Sender Refused." On September 7, 2011, Plaintiff filed an "Instrument of Clarification of the Private Legal Process" against Defendant Mosley. Also on September 7, 2011, Plaintiff filed the same "Instrument of Clarification of the Private Legal Process" against Richard W. Wieking, Clerk for the United States District Court for the Northern District of California, in his other pending action, Case No. C 11-4426 SBA (PR). Similarly, in an effort to protect Plaintiff's rights, his filing in Case No. C 11-4426 SBA (PR) was treated as an attempt to open a civil rights case under Section 1983. On the same date that case was opened, the Clerk also sent Plaintiff a notice directing him to pay the filing fee or to file a completed IFP application.
Plaintiff filed the aforementioned documents in the cases above, however, he did not indicate that they were to be filed in Case No. C 11-2668 SBA (PR). Therefore, as mentioned above, they were opened as new actions.
On September 9, 2011, the Clerk sent Plaintiff copies of both documents labeled "Instrument of Clarification of the Private Legal Process" filed in Case Nos. C 11-03791 SBA (PR) and C 11-4426 SBA (PR), against Mr. Mosley and Mr. Wieking, respectively, as well as a copy of a document showing that Plaintiff has three open actions in this Court.
On September 19, 2011, the aforementioned copies of the documents above were returned with a notation: "Returned to Sender -- Refused."
Plaintiff currently has three separate civil rights actions pending, although he meant to file only one action. Accordingly, the Clerk is directed to remove Plaintiff's filings from Case Nos. C 11-03791 SBA (PR) and C 11-4426 SBA (PR), to file it in his previously-filed action, Case No. C 11-2668 SBA (PR), and to docket it using the titles Plaintiff has indicated on each document. The Clerk is further directed to mark each document as filed on the date they were received by the Court. Any future filings by Plaintiff in Case Nos. C 11-03791 SBA (PR) and C 11-4426 SBA (PR) shall be filed in Case No. C 11-2668 SBA (PR). The Court will review the aforementioned documents in a separate written Order in Case No. C 11-2668 SBA (PR).
Case Nos. C 11-03791 SBA (PR) and C 11-4426 SBA (PR) are DISMISSED because they were opened in error. No filing fee is due for both cases. The Clerk shall close the files.
IT IS SO ORDERED.
SAUNDRA BROWN ARMSTRONG
United States District Judge
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IMHOTEP JORDAN JR., Plaintiff,
v.
JESSIE MOSLEY et al, Defendant.
Case Number: CV11-03791 SBA
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California.
That on October 25, 2011, 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. Imhotep Jordan C-71742
Calipatria State Prison
P.O. Box 5002
Calipatria, CA 92233
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk