Copes
Filing
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ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 8/2/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 8/2/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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No. C 12-2015 PJH (PR)
In re DONALE EUGENE COPES,
ORDER OF DISMISSAL
Petitioner,
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/
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This case was opened when Copes wrote a letter to the court. In an effort to protect
his rights, the clerk treated it as an attempt to open a new civil rights case.
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For the Northern District of California
United States District Court
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The day the case was opened the clerk sent Copes two notices, one that he had not
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paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”), and the other
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that he had not filed a complaint. Included with the notices were the court’s form for IFP
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applications and a prisoner civil rights form packet. Copes returned a completed IFP form,
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but not a complaint.
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In an order entered on June 18, 2012, the court concluded that because this is in
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fact a habeas case the complaint form would not be suitable and might have confused
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Copes. The clerk was ordered to send Copes the court’s form packet for habeas cases
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with his copy of the order. Copes was ordered to file a habeas petition by July 16, 2012, or
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the case would be dismissed. He has not filed a petition. This case therefore is
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DISMISSED without prejudice. Because the case was opened in error, leave to proceed in
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forma pauperis (document number 5 on the docket) is DENIED. No fee is due. The clerk
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shall close the file.
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IT IS SO ORDERED.
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Dated: August 2, 2012.
PHYLLIS J. HAMILTON
United States District Judge
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G:\PRO-SE\PJH\CR.12\Copes2015.dismiss.wpd
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