Taylor v. Guiliani et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2017 DISMISSING CASE per FRCP 41(a) and ORDERING Clerk to file 5 Amended Complaint in Case No. 2:17-cv-0801 EFB. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY TAYLOR,

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Plaintiff,

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No. 2:17-cv-1427 KJN P

v.

ORDER

RICHARD GUILIANI, et al,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. Plaintiff’s complaint was filed with the

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court on July 11, 2017. The court’s own records reveal that on April 17, 2017, plaintiff filed a

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complaint containing virtually identical allegations against the same defendants named herein.

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(2:17-cv-0801 EFB).1 On July 24, 2017, plaintiff filed a letter in which he stated that he wanted

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to amend his complaint in 2:17-cv-0801 EFB rather than filing a new action, and expressed his

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desire to continue with this earlier-filed case. (ECF No. 4.) On July 25, 2017, plaintiff filed an

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amended complaint.
Good cause appearing, plaintiff’s request is granted. Fed. R. Civ. P. 41(a). The Clerk of

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the Court is directed to file plaintiff’s amended complaint (ECF No. 5) in 2:17-cv-0801 EFB, and

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dismiss this action as improvidently opened.

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

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1. File plaintiff’s amended complaint (ECF No. 5) in Case No. 2:17-cv-0801 EFB; and

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2. Dismiss the instant action. Fed. R. Civ. P. 41(a).

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Dated: August 23, 2017

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/tayl1427.23

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