Reyes v. Coehn et al

Filing 5

ORDER denying as moot 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. The Complaint 1 is dismissed without prejudice as duplicative. The Clerk of Court must enter judgment accordingly. Signed by Judge G Murray Snow on 5/17/12.(TLJ)

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WO

MDR

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rafael Franco Reyes,
Plaintiff,

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vs.

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Warden Brian Coehn, et al.,
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Defendants.
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No. CV 12-1010-PHX-GMS (LOA)
ORDER

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Plaintiff Rafael Franco Reyes, who is confined in the Corrections Corporation of

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America’s Florence Correctional Center in Florence, Arizona, has filed a pro se civil rights

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Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma

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Pauperis (Doc. 2). Both the Complaint and the Application to Proceed are identical to the

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Complaint and Application to Proceed that Plaintiff filed in Reyes v. Coehn, 12-CV-986-

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PHX-GMS (LOA).

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It appears that Plaintiff mailed the same documents to both the Tucson and Phoenix

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courthouses. Because the lawsuit involves events that occurred in Pinal County, this case

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belongs in the Phoenix Division and the Clerk of Court transferred to the Phoenix Division

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those documents Plaintiff mailed to the Tucson Division. See Local Rules of Civil Procedure

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5.1(a) and 77.1. Those documents were filed here as Reyes v. Coehn, 12-CV-986-PHX-

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GMS (LOA). When the documents Plaintiff mailed to the Phoenix Division arrived several

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days later, the Clerk of Court filed them as 12-CV-1010-PHX-GMS (LOA).

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Because this action is duplicative of 12-CV-986-PHX-GMS (LOA), the Court will
dismiss this action.1.

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IT IS ORDERED:

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(1)

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Clerk of Court must enter judgment accordingly.
(2)

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The Complaint (Doc. 1) is dismissed without prejudice as duplicative. The

Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied as

moot.
DATED this 17th day of May, 2012.

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Reyes v. Coehn, 12-CV-986-PHX-GMS (LOA), remains open and will be reviewed
by the Court in due course.
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