Harris v. Harrington et al

Filing 8

ORDER, signed by Magistrate Judge Sheila K. Oberto on 9/20/10: The Clerk's Office is directed to merge the contents of the docket in case 1:10-cv-01238 OWW SKO (PC) with Harris v. Harrington, no. 1:10-cv-01215 AWI SKO (PC) as follows: a. The Clerk's Office is directed to re-file the complaint 1 in case number 1:10-cv-01215 AWI SKO; and b. The Clerk's Office is also directed to re-file the documents 4 , 8 , 9 , 10 , and 11 in case number 1:10-cv-01215 AWI SKO; The Clerk is directed to close case no. 1:10-cv-01238 OWW SKO (PC). (Hellings, J)

(PC) Harris v. Harrington et al

Doc. 8

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Darren Harris ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On July 23, 2010, Plaintiff requested that this action be merged with Harris v. Harrington, No. 1:10-cv-01215-AWI-SKO. Plaintiff intended both actions to be litigated in a single action. The document that was construed as a complaint in No. 1:10-cv-01215-AWI-SKO was intended to be a motion for a temporary restraining order in this action. The confusion arose because the motion was delivered to the Court before Plaintiff's complaint. Thus, the motion was construed as a complaint and the Clerk's Office opened an action based on the complaint. When Plaintiff's complaint arrived after the motion for a temporary restraining order, it was unclear that both documents were meant to be filed in the same action and the Clerk's Office opened a second, new action for the complaint. The Court will remedy the confusion by merging this action with No. 1:10-cv-01215-AWI-SKO. The documents filed in this action will be transferred to 1:10-cv-01215-AWI-SKO and the Clerk's Office will be directed to close this action. /// 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

DARREN HARRIS, Plaintiff, v. LTA J. DIKIN, et al., Defendants. /

CASE NO. 1:10-cv-01238-OWW-SKO PC ORDER

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Based on the foregoing, it is HEREBY ORDERED that: 1. The Clerk's Office is directed to merge the contents of the docket in this case with Harris v. Harrington, no. 1:10-cv-01215-AWI-SKO as follows: a. The Clerk's Office is directed to re-file the complaint (Docket #1) in this action in case number 1:10-cv-01215-AWI-SKO; and b. The Clerk's Office is also directed to re-file the documents listed as Dockets #4, 8, 9, 10, 11 in this action in case number 1:10-cv-01215-AWI-SKO. 2. The Clerk is directed to close this action.

IT IS SO ORDERED. Dated: ie14hj September 20, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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