Medina v. Lopez

Filing 10

ORDER for Clerk to Administratively Close Case 1:14-cv-1785-GSA ONLY; ORDER Directing Clerk to: Send Plaintiff an Amended Complaint Form, and File and Docket this Order in Both Cases, signed by Magistrate Judge Gary S. Austin on 01/23/15. Amended Complaint Due In This Case Within Thirty Days. (Attachments: # 1 Amended Complaint Form) (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO A. MEDINA,

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Plaintiff,

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vs.
J. LOPEZ, et al.,

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Defendants.

1:14-cv-01785-GSA-PC
ORDER DISMISSING THIS CASE AS
DUPLICATIVE OF CASE 1:14-CV-1850GSA-PC
ORDER FOR CLERK TO
ADMINISTRATIVELY CLOSE CASE
ORDER DIRECTING CLERK TO:

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(1) SEND PLAINTIFF AN AMENDED
COMPLAINT FORM, AND

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(2) FILE AND DOCKET THIS ORDER
IN THIS CASE AND IN CASE
1:14-CV-1850-GSA-PC

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THIRTY-DAY DEADLINE FOR
PLAINTIFF TO FILE SECOND
AMENDED COMPLAINT IN CASE
1:14-CV-1850-GSA-PC

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I.

BACKGROUND

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Pablo A. Medina (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff proceeds as the

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sole Plaintiff in two cases pending at this court, the present case (1:14-cv-01785-GSA-PC,

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Medina v. Lopez) and case 1:14-cv-01850-GSA-PC, Medina v. Lopez.
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This case -- 14-1785

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On November 14, 2014, Plaintiff filed the Complaint commencing this action. (Doc. 1.)

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On November 21, 2014, Plaintiff consented to the jurisdiction of a Magistrate Judge in this

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action pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (Doc. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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Case 14-1850

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On November 3, 2014, Plaintiff and nineteen co-plaintiffs filed case 2:14-cv-2566-

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DAD-PC, Hicks v. Lopez, at the Sacramento Division of the U.S. District Court for the Eastern

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District of California. (Court Record.) On November 12, 2014, the case was transferred to the

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Fresno Division of the Eastern District and opened as case 1:14-cv-01764-GSA-PC (Hicks v.

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Lopez). (Case 14-1764, Doc. 6.) On November 24, 2014, the court issued an order severing

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the plaintiffs‟ claims in case 14-1764, and a new case was opened for Plaintiff, 1:14-cv-1850-

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GSA-PC (Medina v. Lopez). (Case 14-1764, Doc. 24; Case 14-1850, Doc. 1.)

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Plaintiff now proceeds as the sole Plaintiff in case 14-1850. On December 8, 2014,

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Plaintiff consented to the jurisdiction of a Magistrate Judge in this action pursuant to 28 U.S.C.

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' 636(c), and no other parties have made an appearance. (Case 14-1850, Doc. 4.)

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December 12, 2014, Plaintiff filed the First Amended Complaint. (Case 14-1850, Doc. 5.)

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II.

On

DUPLICATIVE CASES

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“District courts retain broad discretion to control their dockets and „[i]n the exercise of

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that power they may impose sanctions including, where appropriate, default or dismissal.‟”

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Adams v. California Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007) (quoting

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Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir.1986) (per

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curiam)). “After weighing the equities of the case, the district court may exercise its discretion

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to dismiss a duplicative later-filed action, to stay that action pending resolution of the

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previously filed action, to enjoin the parties from proceeding with it, or to consolidate both

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actions.” Adams, 497 F.3d at 688 (citing see Curtis v. Citibank, N.A., 226 F.3d 133, 138–39
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(2d Cir. 2000); Walton v. Eaton Corp., 563 F.2d 66, 70–71 (3d Cir.1977) (en banc), cited with

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approval in Russ v. Standard Ins. Co., 120 F.3d 988, 990 (9th Cir.1997)).

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“Plaintiffs generally have „no right to maintain two separate actions involving the same

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subject matter at the same time in the same court and against the same defendant.‟” Adams,

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497 F.3d at 688 (quoting Walton, 563 F.2d at 70; see also Curtis, 226 F.3d at 138–39; Serlin v.

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Arthur Andersen & Co., 3 F.3d 221, 223–24 (7th Cir.1993)).

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“To determine whether a suit is duplicative, we borrow from the test for claim

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preclusion.” Adams, 497 F.3d at 688. “[T]he true test of the sufficiency of a plea of „other suit

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pending‟ in another forum [i]s the legal efficacy of the first suit, when finally disposed of, as

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„the thing adjudged,‟ regarding the matters at issue in the second suit.” Id. (quoting The

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Haytian Republic, 154 U.S. 118, 124, 14 S.Ct. 992, 38 L.Ed. 930 (1894)). “Thus, in assessing

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whether the second action is duplicative of the first, we examine whether the causes of action

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and relief sought, as well as the parties or privies to the action, are the same.” Adams, 497 F.3d

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at 689 (citing see The Haytian Republic, 154 U.S. at 124, 14 S.Ct. 992 (“There must be the

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same parties, or, at least, such as represent the same interests; there must be the same rights

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asserted and the same relief prayed for; the relief must be founded upon the same facts, and the

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... essential basis, of the relief sought must be the same.” (internal quotation marks omitted));

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Curtis, 226 F.3d at 140 (holding that the trial court did not abuse its discretion in dismissing

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“Curtis II claims arising out of the same events as those alleged in Curtis I,” which claims

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“would have been heard if plaintiffs had timely raised them”); Serlin v. Arthur Anderson &

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Co., 3 F.3d 221, 223 (7th Cir. 1993) (“[A] suit is duplicative if the claims, parties, and available

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relief do not significantly differ between the two actions.” (internal quotation marks omitted)).

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Discussion

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From a review of the operative complaints in Plaintiff's two cases, the Court finds the

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Complaint filed in the present case (14-1785) to be duplicative of the First Amended Complaint

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filed in case 14-1850. Both cases are civil rights actions pursuant to 42 U.S.C. ' 1983, and in

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both cases Plaintiff names as defendants Correctional Officer J. Lopez, Sergeant M. Vega, and

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Lieutenant J. Tangen, who were all employed at North Kern State Prison (NKSP) in Delano,
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California, during the time of the events at issue. (Case 14-1785, Doc. 1; Case 14-1850, Doc.

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5.) Both cases stem from an incident at NKSP when Plaintiff was incarcerated there, during

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which defendants Lopez, Vega, and Tangen allegedly neglected Plaintiff‟s safety during a

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racial riot, resulting in injuries to Plaintiff‟s forearm when he was battered with a mop stick. In

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both cases, Plaintiff alleges that defendant Lopez failed to put away cleaning equipment, failed

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to do a full security check, and ran out of the dayroom when the riot started, leaving behind his

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flashlight which was then used as a weapon. In both cases, Plaintiff alleges that defendants

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Vega and Tangen negligently made a decision to place Plaintiff back in a hostile environment,

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in a dorm with the same black inmates who attacked him, causing Plaintiff great emotional

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distress. In both cases, Plaintiff seeks monetary damages as relief.

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While there are some differences in Plaintiff‟s allegations in the two pending cases,

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both cases stem from the same incident, name the same defendants, allege the same injuries,

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and request the same relief. Based on these facts, the court finds the present case to be

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duplicative of case 1:14-cv-01850-GSA-PC. Because of this finding, and because the present

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case was filed before case 14-1850, the present case shall be dismissed.

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Plaintiff shall continue to proceed with case 14-1850. Plaintiff shall be granted thirty

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days in which to prepare and file a Second Amended Complaint in case 14-1850, re-stating all

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of the allegations and claims with which he wishes to proceed.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

This case is DISMISSED as duplicative of case 1:14-cv-01850-GSA-PC;

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2.

The Clerk is directed to administratively CLOSE this case, 1:14-cv-1785-GSA-

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PC;
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In case 1:14-cv-01850-GSA-PC, Plaintiff is granted thirty days from the date of

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service of this order in which to file a Second Amended Complaint, re-stating all

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of the allegations and claims with which he wishes to proceed; Plaintiff may not

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change the nature of the case or bring new allegations arising from events

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occurring after November 3, 2014, the date the case was filed;
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4.

The Clerk of Court is directed to:

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(1)

Send Plaintiff a § 1983 civil rights complaint form; and

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(2)

File and docket this order in both cases, 1:14-cv-1785-GSA-PC and

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1:14-cv-1850-GSA-PC.

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IT IS SO ORDERED.
Dated:

January 23, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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