Aubert v. Hector

Filing 36

ORDER Directing Clerk to Move Document 32 from this Case into Case 1:07-cv-1629 signed by Magistrate Judge Gary S. Austin on 08/30/2012. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ESS’NN AUBERT,

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1:10-cv-00565-LJO-GSA (PC)

Plaintiff,

ORDER DIRECTING CLERK TO MOVE
DOCUMENT 32 FROM THIS CASE INTO
CASE 1:07-CV-01629

vs.
HECTOR ROBLES,

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Defendant.

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________________________________/

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Ess’nn Aubert (“Plaintiff”) is a prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 13, 2012, Plaintiff filed an opposition to a motion for

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summary judgment in this action. (Doc. 32.) It is apparent that this opposition was meant to

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oppose the motion for summary judgment filed by defendant Mario Garcia on March 15, 2012 in

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Plaintiff's other pending case 1:07-cv-01629-LJO-GSA-PC (Aubert v. Elijah, et al.) (Doc. 61).

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Although Plaintiff used the case number for the present case on the front of the opposition, he used

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the case caption "Ess'nn A. Aubert vs. Kevin Elijah, et al." and referred throughout the opposition

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to defendants Mario Garcia and Elijah, the defendants in case 1:07-cv-01629-LJO-GSA-PC. The

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only defendant in the present case is defendant Hector Robles. Based on this evidence, the Clerk

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shall be directed to move the opposition into case 1:07-cv-01629-LJO-GSA-PC.

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Accordingly, the Clerk is HEREBY DIRECTED to move the opposition to motion for

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summary judgment filed on April 13, 2012 in this action (Document 32) into Plaintiff's other

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pending case 1:07-cv-01629-LJO-GSA-PC (Aubert v. Elijah, et al.).

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IT IS SO ORDERED.
Dated:
6i0kij

August 30, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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