Koklich v. Yates et al

Filing 23

ORDER DISMISSING Action, signed by Magistrate Judge Sandra M. Snyder on 10/14/11. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BRUCE KOKLICH, 10 CASE NO. 1:11-cv-01507-SMS PC Plaintiff, ORDER DISMISSING ACTION 11 12 13 14 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / 15 16 Plaintiff Bruce Koklich (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action in Fresno County Superior Court on 18 August 25, 2010. On August 18, 2011, Defendant P. Mendoza removed the action to federal court. 19 Koklich v. California Department of Corrections and Rehabilitation, 1:11-cv-01403-DLB PC 20 (E.D.Cal. Aug. 18, 2011). On August 25, 2011, Defendants Babcok, Walker, and Ward joined in 21 the removal. Defendant McCoy joined on September 7, 2011. 22 On September 6, 2011, Defendant Kelso, a defendant named in the above referenced case, 23 filed a notice of removal and this action was opened. (ECF No. 1.) On September 7, 2011, 24 Defendant filed a notice of related case stating that he was unaware of the removal of this action by 25 the other defendant and the assignment of this action to one judge will effect substantial savings of 26 judicial effort. In the interest of judicial economy, the Court finds that these actions brought in the 27 same complaint in state court should proceed in a single action. Accordingly, this action shall be 28 dismissed and Defendant Kelso should file a notice of joinder in Koklich v. California Department 1 1 of Corrections and Rehabilitation, 1:11-cv-01403-DLB PC (E.D.Cal. Aug. 18, 2011). 2 Based on the foregoing, it is HEREBY ORDERED that: 3 1. This action is dismissed; and 4 2. All pending motions are terminated. 5 6 7 8 IT IS SO ORDERED. Dated: icido3 October 14, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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