Springfield v. Bender, et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ORDERING that the Clerk of the Court is directed to file the September 30, 2013 complaint (ECF No. 1) in Case No. 2:13-cv-1442 KJN P as plaintiffs amended complaint, and terminate the instant action. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,

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Plaintiff,

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v.

No. 2:13-cv-2029 KJN P

ORDER

L. BENDER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel. Plaintiff consented to proceed

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before the undersigned for all purposes. See 28 U.S.C. § 636(c). Plaintiff’s complaint was filed

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with the court on September 30, 2013. The court’s own records reveal that on July 18, 2013,

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plaintiff filed a complaint containing virtually identical allegations concerning the alleged denial

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of outdoor exercise and retaliation. (Case No. 2:13-cv-1442 KJN P).1 Indeed, on September 19,

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2013, plaintiff filed a motion for extension of time in which to file an amended complaint in Case

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No. 2:13-cv-1442 KJN P, which was granted on October 3, 2013. Although the instant complaint

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is not entitled “Amended Complaint,” it was not accompanied by an application to proceed in

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forma pauperis, and contains most of the exhibits appended to plaintiff’s original complaint filed

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A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d
500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).
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in Case No. 2:13-cv-1442 KJN P. Thus, it appears that the complaint filed on September 30,

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2013, should be filed in Case No. 2:13-cv-1442 KJN P, rather than opened as a new action.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to file the

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September 30, 2013 complaint (ECF No. 1) in Case No. 2:13-cv-1442 KJN P as plaintiff’s

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amended complaint, and terminate the instant action.

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Dated: October 17, 2013

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/spri2029.23

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