Tabatabaee v. Marshall, et al.

Filing 14

ORDER Granting Plaintiff's Motion Regarding Lodged Second Amended Complaint 12 ; ORDER Directing Clerk of Court to Open New Case with Lodged Second Amended Complaint 11 ; ORDER Striking Lodged Second Amended Complaint 11 from this Action, signed by Magistrate Judge Barbara A. McAuliffe on 10/1/14. New Case Opened: 1:14-cv-01545-DLB (PC). (Verduzco, M)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
9

ALEX TABATABAEE,

10

Plaintiff,

11
12

v.
BRIAN MARSHALL, et al.,

13

Defendants.

14
15
16
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

1:13-cv-00911-LJO-BAM (PC)
ORDER GRANTING PLAINTIFF’S
MOTION REGARDING LODGED SECOND
AMENDED COMPLAINT
(ECF No. 12)
ORDER DIRECTING CLERK OF COURT
TO OPEN NEW CASE WITH LODGED
SECOND AMENDED COMPLAINT (ECF
No. 11)
ORDER STRIKING LODGED SECOND
AMENDED COMPLAINT FROM THIS
ACTION (ECF No. 11)

Plaintiff Alex Tabatabaee (“Plaintiff”) is a state prisoner proceeding pro se and in forma

19
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on
20
June 17, 2013. On June 28, 2013, Plaintiff filed a first amended complaint. (ECF No. 7.)
21
On August 11, 2014, a second amended complaint was lodged in this action. (ECF No.
22
11.)
23
On September 2, 2014, Plaintiff filed a notice that the lodged second amended complaint
24
was intended to be a filed as a new action. (ECF No. 13.)
25
On September 15, 2014, Plaintiff filed motion requesting that his lodged complaint be
26
filed as a new action. (ECF No. 12.)
27
28
1

1

Having considered Plaintiff’s moving papers, his request is HEREBY GRANTED. The

2

Clerk of the Court is DIRECTED to file Plaintiff’s lodged Second Amended Complaint (ECF

3

No. 11) in a new action and randomly assign a Magistrate Judge. The lodged second amended

4

complaint shall be STRICKEN from this action.

5
6
7

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 1, 2014

8

A. McAuliffe

_

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