(PC) Gelazela v. United States of America, et al

Filing 19

ORDER REGARDING Plaintiff's #17 Motion to Amend and Subsequent Notice to the Court signed by Magistrate Judge Sheila K. Oberto on 1/19/2023. (Sant Agata, S)

Case 1:22-cv-01540-JLT-SKO Document 19 Filed 01/19/23 Page 1 of 3
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK A. GELAZELA,
Plaintiff,

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v.
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UNITED STATES OF AMERICA, et al.,

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Case No. 1:22-cv-01540-JLT-SKO (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO AMEND AND SUBSEQUENT
NOTICE TO THE COURT
(Doc. 17)

Defendants.

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Plaintiff Mark Gelazela is a former prisoner proceeding pro se and in forma pauperis in
this action.

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I.

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On January 11, 2023, this Court issued its Order Directing Clerk of the Court to Strike the

RELEVANT BACKGROUND

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Second Amended Complaint Filed December 19, 2022 in this Action and to Substitute Another

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Pleading Filed Erroneously in Another Action. (Doc. 13.) The Order directed the Clerk to

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substitute one pleading for another following a filing error by Plaintiff amounting to a technical

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violation of an order issued by District Judge Anthony W. Ishii in another pending matter. On that

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same day, Plaintiff filed a “Declaration and Motion to the Court Not to Switch Claims Between

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Cases.” (Doc. 17.)

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On January 12, 2023, Plaintiff filed a Notice to the Court. (Doc. 18.)

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Case 1:22-cv-01540-JLT-SKO Document 19 Filed 01/19/23 Page 2 of 3
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II.

DISCUSSION
Plaintiff’s January 11, 2023 Motion

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In his January 11, 2023 motion, Plaintiff states that in case 1:21-cv-01499-AWI-EPG,

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District Judge Anthony W. Ishii severed claims, and ordered that the first opened new case

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contain Claims III, IV, and V and that the second opened new case contain Claim VI. (Doc. 17 at

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1.)

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The Court notes that both new cases were opened the same day. Plaintiff contacted the

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Clerk’s Office “to ensure that it did not matter and that either new case could be chosen for the

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III, IV, V claim group and the VI claim group respectively.” (Id.). Plaintiff was told it should not

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matter which in which case he filed each group of claims, “so the Plaintiff randomly chose to file

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the new second amended complaint for severed claims III, IV and V in new case 1:22-cv-01540-

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SKO and a second amended complaint for claim VI in new case 1:22-cv-01539.” (Id.)

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Plaintiff asks the Court to allow his claims to proceed this way, because if the Court

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disagrees with Plaintiff’s assessment, Plaintiff will need to “refile a second amended complaint in

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1:22-cv-01539 also and let that judge know to consider claim III, IV and V instead of the

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complaint the Plaintiff has already filed in that case for claims VI, and this all becomes very

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confusing for all parties involved.” (Id. at 1-2). Alternatively, Plaintiff asks the Court to allow

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him to file the complaint he submitted in case 1:22-cv-01539 in this case, and that the Court

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consider it timely. (Id. at 2.)
Plaintiff’s January 12, 2023 Notice

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In his January 12, 2023 notice, Plaintiff apologizes and explains he “mistakenly read the

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case number incorrectly as to where the court was directing the clerk to pull in the second

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amended complaint from.” (Doc. 18 at 1.) He “mistakenly thought that the Court was directing

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that the old second amended complaint from the original case 1:21-cv-01499-AWI-EPG was to

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be docketed,” before he realized his error. (Id.) Plaintiff states his “’motion not to switch’ was

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indeed a moot point” and asks the Court to disregard it. (Id.)

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Case 1:22-cv-01540-JLT-SKO Document 19 Filed 01/19/23 Page 3 of 3
Because this Court’s January 11, 2023 order corrected the technical violation, Plaintiff’s

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January 11, 2023 motion is moot—which the plaintiff acknowledges.

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III.

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For the forgoing reasons, IT IS HEREBY ORDERED that Plaintiff’s “Motion to the

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CONCLUSION AND ORDER

Court Not to Switch Claims Between Cases” (Doc. 17) is DENIED as MOOT.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 19, 2023

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UNITED STATES MAGISTRATE JUDGE

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