Daniels v. Sherman

Filing 13

ORDER for Clerk to FILE the 12 Motion for Extension of Time in this Action as a Motion for Extension of Time in Case 1:16-cv-01312-EPG(PC)) signed by Magistrate Judge Erica P. Grosjean on 11/29/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN DANIELS, III,

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Plaintiff,
vs.
STU SHERMAN,
Defendant.

Case No. 1:16-cv-01313-EPG-PC
ORDER FOR CLERK TO FILE THE
MOTION FOR EXTENSION OF TIME IN
THIS ACTION AS A MOTION FOR
EXTENSION OF TIME IN CASE 1:16CV-01312-EPG-PC
(ECF No. 12)

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Plaintiff Norman Daniels, III, a state prisoner proceeding pro se, submitted a complaint
to the Court on September 6, 2016, which was opened as case no. 1:16-cv-01312-EPG-PC (the
“1312 case”). On the same date, he filed a second case, case no. 1:16-cv-01313-EPG-PC,
which alleged similar facts (the “1313 case”). The Court issued an order to show cause in the
1312 case why the action should not be dismissed based on res judicata. Plaintiff has filed a
request for a 30 day extension of time to respond to the order to show case, but incorrectly filed
the request in the 1313 case, rather than the 1312 case. The Court finds that Plaintiff’s Motion
for Extension of Time (ECF No. 12) should be treated as a Motion for Extension of Time for
case no. 1:16-cv-01312-EPG-PC. Plaintiff is reminded that he must always label any
documents he files with the court using the appropriate court-assigned case number he is given.
Failure to do so may cause delays and may lead to dismissal of his case(s).

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Accordingly, the Clerk of the Court is DIRECTED to file the Motion for 30-day

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Extension of Time for this action (ECF No. 12) as a Motion for Extension of Time in case no.

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1:16-cv-01312-GSA-PC.

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IT IS SO ORDERED.
Dated:

November 29, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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