Bassett v. California Department of Corrections and Rehabilitation

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 10/15/15 ORDERING that Designate plaintiff's filing in the instant case, ECF No. 1 , as a Letter to the Clerk of Court; File a copy of the subject letter in Case No. 2:15-cv-02064 EFB P; and close the instant case. 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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RICHARD DEWAYNE BASSETT,

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Plaintiff,

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No. 2:15-cv-2056 AC P

v.

ORDER

CALIFORNIA DEPARTMNENT OF
CORRECTIONS AND
REHABILITATION,

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Defendant.

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On September 30, 2015, plaintiff, a state prisoner at California State Prison-Sacramento,

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filed a letter addressed to the Clerk of Court. See ECF No. 1. Plaintiff has submitted no other

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matters in this case. In order to commence an action in this court, plaintiff must file a complaint,

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see Fed. R. Civ. P. 3, and pay the required filing fee or seek and obtain in forma pauperis status,

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see 28 U.S.C. §§ 1914(a), 1915(a). The court may not issue any orders granting or denying relief

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until an action has been properly commenced.
Review of the court’s docket1 indicates that on October 1, 2015, plaintiff filed both a

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This court may take judicial notice of its own records. See United States v. Howard, 381 F.3d
873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980); see also
Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate
determination by sources whose accuracy cannot reasonably be questioned).

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complaint and motion for temporary restraining order in Case No. 2:15-cv-02064 EFB P.

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Comparison of the allegations in that case with the allegations in plaintiff’s instant letter indicates

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that they address nearly identical matters; it appears that the instant letter should have been filed

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together with plaintiff’s other filings. On October 7, 2015, in Case No. 2:15-cv-02064 EFB P, the

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court directed plaintiff to pay the filing fee or submit an application to proceed in forma pauperis

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in order to proceed in that case.

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Due to the duplicative nature of the present action, IT IS HEREBY ORDERED that the
Clerk of Court shall:
1. Designate plaintiff’s filing in the instant case, ECF No. 1, as a “Letter to the Clerk of
Court;”

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2. File a copy of the subject letter in Case No. 2:15-cv-02064 EFB P; and

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3. Close the instant case.

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DATED: October 15, 2015

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