Rosales v. Walker et al

Filing 8

ORDER (1) DIRECTING Clerk's Office to File Complaint from this action in case number 1:10-cv-02402 GBC as an Amended Complaint, and (2) DISMISSING this action, without prejudice, as DUPLICATE of case number 1:10-cv-02402 GBC, signed by District Judge Lawrence J. O'Neill on 02/22/2012. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO ROSALES,

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Plaintiff,

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CASE NO. 1:11-cv-00508-LJO-SKO PC
ORDER (1) DIRECTING CLERK’S OFFICE
TO FILE COMPLAINT FROM THIS ACTION
IN CASE NUMBER 1:10-CV-02402-GBC AS
AN AMENDED COMPLAINT, AND (2)
DISMISSING THIS ACTION, WITHOUT
PREJUDICE, AS DUPLICATIVE OF CASE
NUMBER 1:10-CV-02402-GBC

v.
J. WALKER, et al.,

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Defendants.

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(Doc. 1)
/

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Plaintiff Francisco Rosales, state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on March 25, 2011. In this action, Plaintiff alleges

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a claim for denial of medical care, in violation of the Eighth Amendment, against Defendants

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Walker, Umi, Miller, Arnold, Enenmoh, Crum, Allison, Taylor, and Sanchez. Plaintiff also filed an

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earlier suit against Defendants Walker, Umi, Hene, Miller, Arnold, Enenmoh, and Crum for denial

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of medical care, in violation of the Eighth Amendment. While the complaints are not identical, the

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allegations in both actions are so substantially similar, including reliance in both cases on documents

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pertaining to inmate appeal log number SAT-33-09-16769, that the Court concludes Plaintiff is

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attempting to litigate the same claims in two separate actions.

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Therefore, the earlier-filed action shall proceed and this action shall be dismissed as

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duplicative. In the interest of justice, the complaint in this action shall be filed in the other action

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as an amended complaint.

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Accordingly, it is HEREBY ORDERED that:

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The Clerk’s Office shall file the complaint from this action in case number 1:10-cv02402-GBC as an amended complaint; and

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2.

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This action is dismissed, without prejudice, as duplicative of case number 1:10-cv02402-GBC.

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IT IS SO ORDERED.

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Dated:
b9ed48

February 22, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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