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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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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Plaintiff,

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No. 2:17-cv-1572-EFB P

v.

ORDER

J. BARRETTO, et al.,

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Defendants.

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This action was opened with plaintiff’s filing of a complaint, dated July 10, 2017. ECF

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No. 1. Apart from the date, the complaint is identical to a complaint plaintiff previously filed on

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June 20, 2017, in another action he is litigating. See Crisp v. Barretto, No. 2:17-cv-0580-JAM-

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DB, ECF No. 10. After the June 20, 2017 complaint was docketed as a “first amended

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complaint” in the prior action, plaintiff explained that he did not intend to amend his complaint,

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but to commence an entirely new, but related, action. Id., ECF No. 12. Accordingly, the

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magistrate judge assigned to Crisp v. Barretto, No. 2:17-cv-0580-JAM-DB, ordered the Clerk of

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the Court to strike the “first amended complaint,” open a new case with the filing, and assign the

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new case to the same magistrate judge and district judge. Id., ECF No. 13. The instant action is

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now duplicative of that new action, designated Crisp v. Barretto, No. 2:17-cv-1577-JAM-DB, and

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plaintiff shall proceed with his complaint in that action.

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

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this action.

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DATED: August 31, 2017.

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