Moses Flores v. Wespak

Filing 5

ORDER DIRECTING Clerk to Refile Documents and to Close Case no. 1:17-cv-400 DAD-EPG, signed by District Judge Anthony W. Ishii on 03/22/17. (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MOSES FLORES, 10 Plaintiff 11 12 CASE NO. 1:17-CV-0326 AWI BAM ORDER DIRECTING CLERK TO REFILE DOCUMENTS AND TO CLOSE CASE NO. 1:17-CV-0400 DAD EPG v. WESPAK, 13 Defendant 14 15 16 On March 6, 2017, Plaintiff filed a complaint in the above captioned case (the “March 6 17 case”). The Complaint indicates that it concerns claims under Title VII, and that it involves 18 Plaintiff’s termination from Defendant on April 28, 2016. Plaintiff is proceeding pro se. 19 On March 20, 2017, a new case was opened in this Court involving Plaintiff. In Case No. 20 1:17-cv-0400 DAD EPG (the “March 20 case”), Plaintiff indicates that he is bringing claims under 21 Title VII and that his termination on April 28, 2016 is involved. Wespak is named as a defendant 22 in both the March 6 and March 20 cases, but the March 20 case adds J.V. Farm Labor Services as 23 a defendant. 24 Given the allegations in both the March 6 and March 20 cases, and especially considering 25 Plaintiffs’ pro se status, it appears to the Court that the Complaint in the March 20 case is meant to 26 be an amended complaint in the March 6 case. Under these circumstances, it is appropriate to 27 transfer the filings in the March 20 case to the March 6 case and close the March 20 case as 28 duplicative. 1 2 Accordingly, IT IS HEREBY ORDERED that: 1. 3 4 The Clerk shall refile Document Nos. 1 and 2 from Case No. 1:17-CV-0400 DAD EPG into the docket of Case No. 1:17-CV-0326 AWI BAM; 2. 5 The Clerk shall add “J.V. Farm Labor Services” as a Defendant in Case No. 1:17-CV-0326 AWI BAM; 6 3. The Clerk shall administratively CLOSE Case No. 1:17-CV-0400 DAD EPG;1 and 7 4. All future filings by Plaintiff regarding this case shall use Case No. 1:17-CV-0326 AWI 8 BAM. 9 10 11 IT IS SO ORDERED. Dated: March 22, 2017 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The administrative closing of Case No. 1:17-CV-0400 DAD EPG is not “on the merits” and will not impact the substantive proceedings in Case No. 1:17-CV-0326 AWI BAM. 2

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