Crisp v. Barretto et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/2017 ORDERING Clerk of Court to close this action. CASE CLOSED. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OBIE L. CRISP, III, 12 Plaintiff, 13 14 No. 2:17-cv-1572-EFB P v. ORDER J. BARRETTO, et al., 15 Defendants. 16 This action was opened with plaintiff’s filing of a complaint, dated July 10, 2017. ECF 17 18 No. 1. Apart from the date, the complaint is identical to a complaint plaintiff previously filed on 19 June 20, 2017, in another action he is litigating. See Crisp v. Barretto, No. 2:17-cv-0580-JAM- 20 DB, ECF No. 10. After the June 20, 2017 complaint was docketed as a “first amended 21 complaint” in the prior action, plaintiff explained that he did not intend to amend his complaint, 22 but to commence an entirely new, but related, action. Id., ECF No. 12. Accordingly, the 23 magistrate judge assigned to Crisp v. Barretto, No. 2:17-cv-0580-JAM-DB, ordered the Clerk of 24 the Court to strike the “first amended complaint,” open a new case with the filing, and assign the 25 new case to the same magistrate judge and district judge. Id., ECF No. 13. The instant action is 26 now duplicative of that new action, designated Crisp v. Barretto, No. 2:17-cv-1577-JAM-DB, and 27 plaintiff shall proceed with his complaint in that action. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to close 2 this action. 3 DATED: August 31, 2017. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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