Cramblit v. California Department of Corrections and Rehabilitation et al

Filing 4

ORDER DISMISSING ACTION as Duplication of Case Number 1:17-cv-00058 SAB PC, Cramblit v. CDCR, et al., and Directing Clerk of Court to File the Complaint from this Action as Amended Complaint in Case Number 1:17-cv-00058 SAB PC, signed by Magistrate Judge Stanley A. Boone on 02/17/2017. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION,
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et al.,
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Defendants.
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JAMES CRAMBLIT,

Case No.: 1:17-cv-00116-SAB (PC)
ORDER DISMISSING ACTION AS
DUPLICATION OF CASE NUMBER 1:17-CV00058 SAB PC, CRAMBLIT V. CDCR, ET AL.,
AND DIRECTING CLERK OF COURT TO FILE
THE COMPLAINT FROM THIS ACTION AS
AMENDED COMPLAINT IN CASE NUMBER
1:17-CV-00058 SAB PC
[ECF No. 1]

Plaintiff James Cramblit is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States

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Magistrate Judge on February 6, 2017. Local Rule 302.

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On January 17, 2017, in case number 1:17-cv-00058 SAB PC, Cramblit v. California Dep’t of

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Corrections and Rehabilitation, the Court issued an order striking the complaint for lack of Plaintiff’s

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signature, and directed Plaintiff to file a signed complaint within thirty days. (1:17-cv-00058 SAB PC,

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ECF No. 12.) The thirty days has expired and no amended complaint was filed in that action.

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However, the instant action was filed and opened on January 25, 2017.

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The Court has reviewed the complaints in both actions and finds that both involve the same

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cause of action, and the complaint filed in this action was intended to be filed as an amended

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complaint in case number 1:17-cv-00058 SAB PC. Therefore, this action was opened in error due to
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Plaintiff’s failure to write his case number on what was intended to be an amended complaint in 1:17-

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cv-00058 SAB PC.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Cramblit v. California Dep’t of Corrections and Rehabilitation; and

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This action is dismissed as duplicative of case number 1:17-cv-00058 SAB PC,

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The Clerk of Court is directed to file the complaint from this action (ECF No. 1), as an

amended complaint in case number 1:17-cv-00058 SAB PC; and
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The Clerk of Court is directly to administratively close this action.

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IT IS SO ORDERED.

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Dated:

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February 17, 2017
UNITED STATES MAGISTRATE JUDGE

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