Aidnik v. California Medical Facility et al

Filing 13

ORDER signed by Senior Judge Howard D. McKibben on 01/29/2009 ORDERING that the Director of CDC shall collect from plaintiff's prison trust account the $350 filing fee by collecting monthly payments from prisoner's prison trust account in an amount equal to 20% of the preceding month's income credited to the prisoner's trust account and forwarding payments to the Clerk each time the amount in the account exceeds $10. The Clerk is directed to serve a copy of this order and plaintiff's IFP affidavit on CDC and Financial Dept. of the Court. (Attachments: # 1 Order Granting IFP Status)(Streeter, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 On January 10, 2008, plaintiff filed a first amended complaint against these defendants and on August 25, 2008, plaintiff filed a second amended complaint against these defendants. Docket Nos. 19 and 33. On the same day, plaintiff filed a request pertaining to his action against these defendants. Docket No. 34. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEFF AIDNIK, Plaintiff, vs. O'CONNER, et al., Defendants. / ORDER No. CIV S-07-1273 MCE EFB P

Plaintiff is a prisoner proceeding in pro se in this action asserting civil rights claims under 42 U.S.C. § 1983. Plaintiff filed two complaints on the same date, August 31, 2007, intending to pursue separate lawsuits against separate defendants. Plaintiff has brought to the court's attention that, through clerical error, both complaints were assigned the same case number. As noted below, a separate case number needs to be assigned for the second action. On August 31, 2007, plaintiff commenced an action against defendants California Medical Facility, Hubbard, Grouch, Moreno, Swarget, Barkley, Riley, Casillas, Lewis, Smith, and Perez. Docket No. 5.1 That action was designated as case number 2:07-cv-1273 MCE EFB.

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On that same date plaintiff also commenced an action against defendants Russel, O'Conner and Veal. Docket No. 13. Due to clerical error, this action was also designated as case number 2:07cv-1273 MCE EFB.2 On September 9, 2008, plaintiff wrote to the court explaining that he intended to file two separate actions ­ one against O'Conner and Russel, and another against California Medical Facility, Hubbard, Grouch, etc. Accordingly, to correct the clerical error a new action must be opened and a case number assigned for the case that proceeds against defendants California Medical Facility, Hubbard, Grouch, Moreno, Swarget, Barkley, Riley, Casillas, Lewis, Smith, and Perez. This action, case O'Conner Ve Russel ussel number 2:07-cv-1273 MCE EFB, will proceed against defendants O'Conner ,and al and Ronly. . Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to open a new action and file the August 31, 2007 complaint (docket no. 5), the January 10, 2008 first amended complaint (docket no. 19), the August 25, 2008 second amended complaint (docket no. 33), the August 25, 2008 request (docket no. 34), the September 9, 2008 letter (docket no. 36) and a copy of this order in that action. That case should be given a new case number and assigned to the same District Judge and Magistrate Judge. 2. In the new action, plaintiff proceeds in forma pauperis. 3. Plaintiff is informed that his August 25, 2008 second amended complaint against defendants California Medical Facility, Hubbard, Grouch, Moreno, Swarget, Barkley, Riley, Casillas, Lewis, Smith, and Perez, once filed in a new action, will be screened in due course. //// ////

On April 17, 2008, plaintiff filed an amended complaint against defendants Russel, O'Conner and Veal. Docket No. 29. On September 5, 2008 plaintiff complied with this court's August 11, 2008 order, which determined that plaintiff's amended complaint states a cognizable claim for relief against defendants O'Conner and Russel only. 2

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4. Plaintiff is further informed that this action proceeds on the April 17, 2008 amended complaint against defendants O'Connerr,and al and Ronly. only. O'Conne Ve Russel ussel DATED: October 29, 2008.

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