Washington v. Hicks et al

Filing 11

ORDER CLOSING CASE 10 , signed by Magistrate Judge Jennifer L. Thurston on 9/20/2018: The Clerk of Court is directed to refund to plaintiff the $10 already received for this action; The Clerk is directed to close this case. (CASE CLOSED) (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRACYE B. WASHINGTON,

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Plaintiff,

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v.

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Case No. 1:18-cv-0609 JLT PC
ORDER CLOSING CASE

D. HICKS, et al.,

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(Doc. 10)

Defendants.

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Plaintiff initiated this action on May 3, 2018. Shortly thereafter, the Court granted his

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motion to proceed in forma pauperis and ordered the California Department of Corrections and

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Rehabilitation to deduct payments from plaintiff’s trust account pursuant to 28 U.S.C. §

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1915(b)(2). (ECF No. 6.)

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Plaintiff has now filed a request to dismiss this case as a duplicate of another case

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previously filed in this court, Washington v. Stark, 1:18-cv-0564-LJO-SAB. A comparison of the

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pleadings filed in each case reveals that they are indeed duplicative of one another. Plaintiff’s

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request will therefore be granted, as will his request that the fee payment order be withdrawn.

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Based on the foregoing, the Court ORDERS:

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1. The May 14, 2018 order directing the CDCR to make payments to the Court from

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plaintiff's prison trust account for payment of the filing fee for this action is

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VACATED;
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2. The Clerk of Court is directed to refund to plaintiff the $10 already received for this

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action;
3. The Clerk is directed to close this case.
IT IS SO ORDERED.
Dated:

September 20, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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