Oden v. State of California, et al.

Filing 21

ORDER DIRECTING Clerk of Court to File Complaint 1 from Case 15-cv-1286-DLB in Case 14-cv-873-LJO-BAM as First Amended Complaint; ORDER Administratively Closing Case No. 15-cv-1286-DLB, signed by Magistrate Judge Dennis L. Beck on 9/6/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRICK JESUS ODEN, SR.,

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Plaintiff,
v.
STATE OF CALIFORNIA, et al.,

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Defendants.

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DERRICK JESUS ODEN, SR.,
Plaintiff,

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v.
DIRECTOR OF CORRECTIONS, et al.,
Defendants.

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1:14-cv-00873-LJO-BAM (PC)
1:15-cv-01286-DLB (PC)
ORDER DIRECTING CLERK OF COURT
TO FILE COMPLAINT (ECF NO. 1) FROM
CASE 15-CV-01286-DLB IN CASE 14-CV00873-LJO-BAM AS FIRST AMENDED
COMPLAINT
ORDER ADMINISTRATIVELY CLOSING
CASE NO. 15-CV-01286-DLB

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Plaintiff Derrick Jesus Oden, Sr., (“Plaintiff”) is a state prisoner. On June 6, 2014,

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Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983, which was assigned case number

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“1:14-cv-00873-LJO-BAM” by the Clerk of this Court. On June 1, 2015, the Court dismissed

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Plaintiff’s second amended complaint in that action with leave to amend within thirty days. On

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August 27, 2015, having received no amended complaint from Plaintiff, the Magistrate Judge

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issued findings and recommendations recommended dismissal of that action. (ECF No. 19).
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On September 14, 2015, Plaintiff filed objections to the Magistrate Judge’s findings and

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recommendations, explaining that the Clerk of this Court opened a new case and mistakenly filed

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his amended complaint for the 1:14-cv-00873-LJO-BAM matter in the new case, which was

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assigned case number “1:15-cv-01286-DLB.” The Court observes that this mistake was made

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because Plaintiff neglected to designate his complaint as an amended complaint, and neglected to

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place the appropriate case number on his filing. As a result, the Court directs the Clerk of the

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Court to correct these administrative errors by filing Plaintiff’s amended complaint in the

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appropriate case, and closing the incorrectly-opened new case.

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Accordingly, the Court HEREBY ORDERS that:
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The Clerk of the Court shall FILE the complaint (ECF No. 1) in case no. “1:15-

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cv-01286-DLB” into case no. “1:14-cv-00873-LJO-BAM” as a first amended

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complaint;

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DLB.” All pending motions in that matter, if any, are terminated; and

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The Clerk of the Court shall administratively CLOSE case no. “1:15-cv-01286-

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Plaintiff is admonished that pursuant to Local Rule 133(g), documentation

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submitted to the Court should be in caption form with a title describing the

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document, and shall include the appropriate case name and number.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

September 16, 2015

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L. Beck

UNITED STATES MAGISTRATE JUDGE

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