Jacobsen v. Curran et al

Filing 57

ORDER Directing Clerk's Office to Open a New Case; ORDER Striking Plaintiff's Lodged First Amended Complaint and Motion to Proceed in Forma Pauperis 53 , 54 , signed by Magistrate Judge Michael J. Seng on 2/6/2018. (Hellings, J)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
MICHAEL NEIL JACOBSEN,
9
Plaintiff,

10
11
12

v.
OFFICER CURRAN, et al.,
Defendants.

13
14

CASE NO. 1:16-cv-01050-AWI-MJS (PC)
ORDER DIRECTING CLERK’S OFFICE
TO OPEN A NEW CASE
ORDER STRIKING PLAINTIFF’S
LODGED FIRST AMENDED COMPLAINT
AND MOTION TO PROCEED IN FORMA
PAUPERIS
(ECF Nos. 53, 54)

15
16
17

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

18

rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s

19

first amended complaint against Defendants Curran and Gonzalez for inadequate

20

medical care in violation of the Eighth Amendment of the United States Constitution.

21

(ECF No. 11.)

22

Before the Court are documents filed in this action and docketed as Plaintiff’s

23

amended complaint and motion to proceed in forma pauperis. (ECF Nos. 53, 54.)

24

However, the proposed amended complaint bears no relation to the instant action which

25

has proceeded beyond the pleadings and is in discovery. It appears Plaintiff intended to

26

initiate a new action, but these documents were erroneously filed here.

27
28

1
2

Accordingly, these filings are HEREBY STRICKEN from the record in this case.
The Clerk of Court is directed to file these documents as and in a new case.

3
4
5

IT IS SO ORDERED.
Dated:

February 6, 2018

/s/

6

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2