Simonson v. Stanislaus County Sheriff's Department et al

Filing 21

ORDER DISMISSING ACTION AS DUPLICATIVE and ORDER Directing Clerk to Close Case and Terminate All Pending Motions (Doc. 12 ) signed by Chief Judge Lawrence J. O'Neill on 12/30/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CRAIG SIMONSON,

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Plaintiff,

Case No. 1:16-cv-00290-LJO-MJS (PC)
ORDER DISMISSING ACTION AS
DUPLICATIVE

v.
STANISLAUS COUNTY SHERIFF’S
DEPARTMENT, et al.,

CLERK TO CLOSE CASE AND
TERMINATE ALL PENDING MOTIONS

Defendants.

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Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. He has declined Magistrate Judge

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jurisdiction. (ECF No. 15.) No other parties have appeared.

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Plaintiff initiated this action on February 12, 2016 against Defendants Singh, Wigt,

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and the Stanislaus County Sheriff’s Department. (ECF No. 1.) On initial review of

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Plaintiff’s complaint, the Court found that the claims raised therein were identical to those

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alleged in a suit filed by Plaintiff on January 27, 2016 under the case name Simonson v.

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Singh, Case No. 1:16-cv-00126-LJO-MJS. (ECF No. 18.) Consequently, on November

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28, 2016 the Court issued an order for Plaintiff to show cause within fourteen days why

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the instant case should not be dismissed as duplicative of Simonson v. Singh. (ECF No.

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20.) The fourteen day deadline has passed and Plaintiff has not responded.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. This action is DISMISSED with prejudice as duplicative of Eastern District
Case Simonson v. Singh, Case No. 1:16-cv-00126-LJO-MJS;

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2. Dismissal shall count as a strike pursuant to the “three strikes” provision of 28
U.S.C. § 1915(g); and

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3. The Clerk of Court shall terminate all pending motions and close this case.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill _____

December 30, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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