Baker v. Cacoa et al

Filing 11

ORDER DISMISSING Action as Duplicative of 1:15-cv-00693 BAM (PC) and VACATING Order Directing CDCR to Collect Payments for Filing Fee 6 , signed by District Judge Anthony W. Ishii on 7/10/15. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Plaintiff,

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v.
S. CACOA, et al.,

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Defendants.

Case No. 1:15-cv-00728 AWI DLB PC
ORDER DISMISSING ACTION AS
DUPLICATIVE OF 1:15-cv-00693-BAM-PC
AND VACATING ORDER DIRECTING
CDCR TO COLLECT PAYMENTS FOR
FILING FEE
[ECF No. 6]

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Plaintiff Mike Baker, a state prisoner proceeding pro se, filed this civil action on May 12,

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2015.
On July 2, 2015, Plaintiff notified the Court of the existence of two cases. Plaintiff explained

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that he only submitted one complaint but two cases have been opened: the instant case and 1:15-cv-

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00693-BAM-PC. The Court has reviewed the complaint in 1:15-cv-693-BAM-PC, and indeed, the

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complaints are identical.
The instant case, having been filed in error after the first case, must be dismissed as

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duplicative. Under the circumstances, as the second action was opened in error, the Court will

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vacate the May 14, 2015, order requiring CDCR to collect payments for this action.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:
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This action is DISMISSED as duplicative;1

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The order requiring CDCR to collect payments for this action is VACATED; and

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The Clerk shall CLOSE this case.

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IT IS SO ORDERED.

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Dated: July 10, 2015
SENIOR DISTRICT JUDGE

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The dismissal and closure of this case is administrative in nature and has no effect on Case No. :15-cv-693-BAM-PC.

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