Crisp v. Barretto et al

Filing 13

ORDER signed by Magistrate Judge Deborah Barnes on 7/28/2017 GRANTING 12 Motion to Strike 10 First Amended Complaint and DIRECTING Clerk to strike 10 First Amended Complaint from this action and open a new case with that filing along with 11 Motion to Proceed IFP assigned to the same district and magistrate judges as the present case. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP, III,

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No. 2:17-cv-0580 JAM DB P

Plaintiff,
v.

ORDER

J. BARRETTO, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff filed his original complaint in this case on March 17, 2017. (ECF No. 1.) On

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June 20, 2017, plaintiff filed a first amended complaint. (ECF No. 10.) On July 17, 2017,

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plaintiff filed a document in which he states that the first amended complaint was filed in this

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action in error. (ECF No. 12.) Plaintiff states that he meant to file a new action with that

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complaint and wanted to notify the court that the cases are related.

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Accordingly, it is HEREBY ORDERED as follows:

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1. Plaintiff’s motion (ECF No. 12) to strike the first amended complaint (ECF No. 10)

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from this action is granted; and

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2. The Clerk of the Court is directed to strike the first amended complaint (ECF No. 10)

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from this action and open a new case with that filing. The new case shall be assigned

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to the same district judge and magistrate judge as the present case. The docket for that
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new case shall include copies of the first amended complaint (ECF No. 10) and motion

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to proceed in forma pauperis (ECF No. 11) from the present case.

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DATED: July 28, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-civil rights/cris0580.new case

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