Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-03311-CRB

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Filed 08/20/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 16, 2008, plaintiff, a prisoner at High Desert State Prison ("HDSP") in Susanville, California, filed a pro se civil rights complaint for damages under 42 U.S.C. § 1983 alleging that, while incarcerated at Salinas Valley State Prison ("SVSP") in Soledad, California, prison dentists "botched" several dental surgical procedures. The court found that plaintiff's allegations state a cognizable § 1983 claim for damages against the named SVSP defendants and ordered the United States Marshal to serve them. See Portugal v. Grannis, No. C 08-0276 CRB (PR), slip op. at 2 (N.D. Cal. May 27, 2008) (order of service). v. T. FELKER, et al., Defendant(s). DANIEL PORTUGAL, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 08-3311 CRB (PR) ORDER (Docket # 1 & 4)

Case 3:08-cv-03311-CRB

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Filed 08/20/2008

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On June 30, 2008, plaintiff filed a motion for a temporary restraining order ("TRO")/preliminary injunction in civil case 08-0276. On July 9, 2008, the clerk inadvertently filed a copy of the motion as new civil case 08-3311. Good cause appearing therefor, civil case 08-3311 is DISMISSED as improvidently opened. The clerk shall close civil case 08-3311 and terminate all pending motions (see docket # 1 & 4) as moot. No filing fee is due in this improvidently opened action. SO ORDERED. DATED: August 20, 2008 CHARLES R. BREYER United States District Judge

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Case 3:08-cv-03311-CRB

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Filed 08/20/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DANIEL PORTUGAL, Plaintiff, v. T FELKER et al, Defendant. /

Case Number: CV08-03311 CRB 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 August 20, 2008, 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.

Daniel Portugal V-51068 High Desert State Prison B4-113 P.O. Box 3030 Susanville, CA 96127 Dated: August 20, 2008 Richard W. Wieking, Clerk By: Barbara Espinoza, Deputy Clerk