(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)

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Case 1:22-cv-01540-JLT-SKO Document 19 Filed 01/19/23 Page 1 of 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARK A. GELAZELA, Plaintiff, 10 v. 11 UNITED STATES OF AMERICA, et al., 12 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. 13 14 15 Plaintiff Mark Gelazela is a former prisoner proceeding pro se and in forma pauperis in this action. 16 I. 17 On January 11, 2023, this Court issued its Order Directing Clerk of the Court to Strike the RELEVANT BACKGROUND 18 Second Amended Complaint Filed December 19, 2022 in this Action and to Substitute Another 19 Pleading Filed Erroneously in Another Action. (Doc. 13.) The Order directed the Clerk to 20 substitute one pleading for another following a filing error by Plaintiff amounting to a technical 21 violation of an order issued by District Judge Anthony W. Ishii in another pending matter. On that 22 same day, Plaintiff filed a “Declaration and Motion to the Court Not to Switch Claims Between 23 Cases.” (Doc. 17.) 24 On January 12, 2023, Plaintiff filed a Notice to the Court. (Doc. 18.) 25 // 26 // 27 // 28 1 Case 1:22-cv-01540-JLT-SKO Document 19 Filed 01/19/23 Page 2 of 3 1 II. DISCUSSION Plaintiff’s January 11, 2023 Motion 2 3 In his January 11, 2023 motion, Plaintiff states that in case 1:21-cv-01499-AWI-EPG, 4 District Judge Anthony W. Ishii severed claims, and ordered that the first opened new case 5 contain Claims III, IV, and V and that the second opened new case contain Claim VI. (Doc. 17 at 6 1.) 7 The Court notes that both new cases were opened the same day. Plaintiff contacted the 8 Clerk’s Office “to ensure that it did not matter and that either new case could be chosen for the 9 III, IV, V claim group and the VI claim group respectively.” (Id.). Plaintiff was told it should not 10 matter which in which case he filed each group of claims, “so the Plaintiff randomly chose to file 11 the new second amended complaint for severed claims III, IV and V in new case 1:22-cv-01540- 12 SKO and a second amended complaint for claim VI in new case 1:22-cv-01539.” (Id.) 13 Plaintiff asks the Court to allow his claims to proceed this way, because if the Court 14 disagrees with Plaintiff’s assessment, Plaintiff will need to “refile a second amended complaint in 15 1:22-cv-01539 also and let that judge know to consider claim III, IV and V instead of the 16 complaint the Plaintiff has already filed in that case for claims VI, and this all becomes very 17 confusing for all parties involved.” (Id. at 1-2). Alternatively, Plaintiff asks the Court to allow 18 him to file the complaint he submitted in case 1:22-cv-01539 in this case, and that the Court 19 consider it timely. (Id. at 2.) Plaintiff’s January 12, 2023 Notice 20 In his January 12, 2023 notice, Plaintiff apologizes and explains he “mistakenly read the 21 22 case number incorrectly as to where the court was directing the clerk to pull in the second 23 amended complaint from.” (Doc. 18 at 1.) He “mistakenly thought that the Court was directing 24 that the old second amended complaint from the original case 1:21-cv-01499-AWI-EPG was to 25 be docketed,” before he realized his error. (Id.) Plaintiff states his “’motion not to switch’ was 26 indeed a moot point” and asks the Court to disregard it. (Id.) 27 // 28 // 2 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 1 2 January 11, 2023 motion is moot—which the plaintiff acknowledges. 3 III. 4 For the forgoing reasons, IT IS HEREBY ORDERED that Plaintiff’s “Motion to the 5 CONCLUSION AND ORDER Court Not to Switch Claims Between Cases” (Doc. 17) is DENIED as MOOT. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto January 19, 2023 . UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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