Sandoval v. California Department of Corrections and Rehabilitation
Filing
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ORDER DISMISSING 1 Action as Duplicative of 1:14-cv-2038-BAM (PC) and VACATING 5 Order Directing CDCR to Collect Payments for Filing Fee signed by District Judge Anthony W. Ishii on 4/13/2015. CASE CLOSED. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID VERA SANDOVAL,
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Plaintiff,
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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
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Case No. 1:14-cv-02086 AWI DLB PC
ORDER DISMISSING ACTION AS
DUPLICATIVE OF 1:14-cv-02038-BAM-PC
AND VACATING ORDER DIRECTING
CDCR TO COLLECT PAYMENTS FOR
FILING FEE
[ECF No. 5]
Defendant.
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Plaintiff David Vera Sandoval, a state prisoner proceeding pro se, filed this civil action on
December 31, 2014.
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On January 15, 2015, Plaintiff filed a document notifying the Court of the existence of two
cases. Plaintiff explained that he did not understand which case he needed to proceed with since a
prior case had been opened under the same complaint in 1:14-cv-2038-BAM-PC. Plaintiff
complains that he did not intend to open two cases, and now he is being charged with an additional
filing fee. The Court has reviewed the complaint in 1:14-cv-2038-BAM-PC, and indeed, the
complaints are identical and bear the same date, December 7, 2014, on the proof of service.
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The instant case, having been filed in error after the first case, must be dismissed as
duplicative. Under the circumstances, as the second action was opened in error, the Court will
vacate the January 5, 2015, order requiring CDCR to collect payments for this action.
///
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ORDER
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED as duplicative and
the order requiring CDCR to collect payments for this action is VACATED.
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IT IS SO ORDERED.
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Dated: April 13, 2015
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SENIOR DISTRICT JUDGE
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