Davis v. Kelso et al

Filing 23

ORDER Directing the Clerk's Office to File Plaintiff's Motion for Preliminary Injunction in Case 1:10:01184-LJO-GBC(PC), signed by Magistrate Judge Sandra M. Snyder on 5/13/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHARLES T. DAVIS,

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Plaintiff,

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CASE NO. 1:10-cv-01199-SMS PC
ORDER DIRECTING THE CLERK’S OFFICE
TO FILE PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION IN CASE
1:10:01184-LJO-GBC PC

v.
CLARK J. KELSO, et al.,

(ECF No. 6)
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Defendants.
/

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Plaintiff Charles T. Davis (“Plaintiff”) is a state prisoner who proceeded pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. The complaint was screened and this action was found

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to be duplicative of case 1:10-cv-01184-LJO-GBC. An order was issued on July 8, 2010, closing

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this action and judgment was entered. On October 4, 2010, Plaintiff filed a motion for preliminary

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injunction that was captioned Davis v. Kelso, and had an incorrect case number (1:10-cv-00118-

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LJO-GBC). (ECF No. 6.) The Clerk of the Court docketed the motion in this action. On April 29,

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2011, an order issued striking Plaintiff’s motion as this action was closed. (ECF No. 7.) On May

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11, 2011, Plaintiff filed an objection requesting to correct the error of the court. (ECF No. 8.) In his

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objection Plaintiff states that the motion for a preliminary injunction was to be filed in Davis v.

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Kelso, 1:10-cv-01184-LJO-GBC. Plaintiff is advised that to avoid confusion in the future he should

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verify that he has written the correct case number on his pleadings.

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Accordingly, it is HEREBY ORDERED that:

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The Clerk of the Court shall correct the case number on the motion filed October 4,
2010, in this action to 1:10-cv-01184-LJO-GBC-PC;

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The motion filed October 4, 2010 shall be docketed in case 1:10-cv-01184-LJOGBC-PC; and

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3.

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IT IS SO ORDERED.

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Dated:
cm411

A copy of this order shall be docketed in case 1:10-cv-01184-LJO-GBC-PC.

May 13, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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