(PC) Storm v. Newsom et al

Filing 6

ORDER Administratively Closing Instant Case as Opened in Error, signed by Magistrate Judge Christopher D. Baker on 08/29/2024. CASE CLOSED. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIMITRI Z. STORM,

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Plaintiff,

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Case No. 1:24-cv-01014-CDB (PC)
ORDER ADMINISTRATIVELY CLOSING
INSTANT CASE AS OPENED IN ERROR

v.
GAVIN NEWSOM, et al.,

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Defendants.

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Plaintiff Dimitri Z. Storm (“Plaintiff”) is proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. (Doc. 1). This action was filed on August 27, 2024. Id.
Approximately two months earlier (on June 25, 2024), Plaintiff initiated a nearly identical

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action in Storm v. Newsom, et al., Case No. 1:24-cv-00743-JLT-SKO (PC).1 The Honorable

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United States Magistrate Judge Sheila K. Oberto issued an order striking Plaintiff’s complaint as

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the pleading was unsigned. Judge Oberto directed the Clerk of the Court to send Plaintiff a blank

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civil rights complaint form and for Plaintiff to file a signed civil rights complaint. It appears that

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the instant complaint (Doc. 1) was filed in response to Judge Oberto’s order. Therefore, the

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instant action is duplicative of the first, and was opened in error. As a result, the Court directs the

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Clerk of the Court to correct this administrative error by closing the incorrectly opened new case.

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A court may take judicial notice of court records in another case. United States v.
Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004).
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Plaintiff is informed that he should continue to respond to orders issued in Case No. 1:24-

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cv-00743-SKO regarding the claims raised in his complaint. That case remains open at this

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time and is not affected by this order. In addition, Plaintiff will not be charged the filing fee

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for this incorrectly opened case.

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Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court shall ADMINISTRATIVELY CLOSE Case No. 1:24-cv-01014CDB; and
2. The Clerk of the Court is DIRECTED to file the complaint (Doc. 1) in Case No. 1:24-cv00743-SKO.
IT IS SO ORDERED.
Dated:

August 29, 2024

___________________

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UNITED STATES MAGISTRATE JUDGE

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