United States District Court, Northern District of California
July 30, 2003
DENNIS ARMSTRONG, PETITIONER,
D. L. RUNNELS, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Susan Illston, United States District Judge.
This case is dismissed because it was opened in error: the document filed to commence this action was intended for another case.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Dennis Armstrong sent to the court a Prisoner's In Forma Pauperis Application in one envelope without any other pleading and a few days later sent a petition for writ of habeas corpus in a separate envelope without an in forma pauperis application. The in forma pauperis application was filed, a new case (i.e., Case No. C 03-3284 SI (PR)) was opened, and a notice was sent to Armstrong that no complaint or habeas petition had been received with the in forma pauperis application. A few days later, the clerk also opened a separate case file (i.e., Case No. C 03-3374 SI (PR)) for the petition for writ of habeas corpus, apparently unaware that the two documents that arrived a few days apart were intended to be filed in the same action. Because the in forma pauperis application is clearly intended to be considered with the petition for writ of habeas corpus rather than to be a separate case, this case (i.e., Case No. C 03-3284 SI (PR)) is DISMISSED and a copy of the in forma pauperis application will be filed in the habeas case (i.e., Case No. C 03-3374 SI (PR)). Petitioner must use the case number "C 03-33 74 SI (PR)" on all further filings and should not file any documents using the C 03-3284 SI (PR) case number. The clerk shall close Case No. C 03-3284 SI (PR).
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