Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 18

ORDER Discharging 15 Order to Show Cause; ORDER Denying Plaintiff's [16-1] Request to Consolidate Cases as Moot signed by Magistrate Judge Dennis L. Beck on 06/10/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,
v.
CDCR, et al.,

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Defendants.

Case No. 1:15-cv-00415-DLB PC
ORDER DISCHARGING ORDER
TO SHOW CAUSE
(Document 15)
ORDER DENYING PLAINTIFF’S REQUEST
TO CONSOLIDATE CASES AS MOOT
(Document 16-1)

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Plaintiff Frank Lee Dearwester (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 26, 2015, and it

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was transferred to this Court on March 16, 2015.

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On March 20, 2015, the Court struck Plaintiff’s complaint as unsigned an ordered him to file
a signed complaint within thirty (30) days of the date of service.

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After the deadline passed, the Court issued an order to show cause on May 18, 2015.

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On June 5, 2015, Plaintiff filed a response to the order to show cause and a request to

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consolidate this action with 1:15-cv-00621-SKO (PC). Based on his response, it appears that

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Plaintiff’s amended complaint was filed in a new action. Plaintiff now requests to consolidate the

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two actions.

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On June 9, 2015, the Court granted Plaintiff’s motion to consolidate in 1:15-cv-00621-SKO

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(PC) and dismissed the action as duplicative. The Court ordered the Clerk to file the amended

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complaint into the instant action.

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Accordingly, the order to show cause is DISCHARGED and Plaintiff’s request to consolidate

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the actions is DENIED AS MOOT. Plaintiff’s June 9, 2015, First Amended Complaint will be

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screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 10, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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