Rogers v. Nevada County Sheriff Office et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 12/1/2017 DIRECTING the Clerk to file the 1 Complaint in case No. 2:17-cv-1162-MCE-EFB. CASE CLOSED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE ROGERS,

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Plaintiff,

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No. 2:17-cv-2119 KJN P

v.

ORDER

NEVADA COUNTY SHERIFF OFFICE,
et al.,
Defendants.

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Plaintiff is a county inmate, proceeding pro se. On October 12, 2017, plaintiff filed a civil

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rights complaint, which was filed as a new civil rights action. However, on October 4, 2017, in

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plaintiff’s earlier case, Rogers v. Nevada County, No. 2:17-cv-1162 MCE EFB (E.D. Cal.),

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plaintiff was directed to file a § 1983 complaint or a § 2254 petition within thirty days. Both

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cases involve challenges to plaintiff’s April 18, 2016 arrest in Nevada County. On November 29,

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2017, plaintiff filed objections in case No. 2:17-cv-1162 MCE EFB, stating that he wished to

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pursue his civil rights complaint in that action. Id. (ECF No. 8.)
Thus, it appears that the instant action was opened in error because plaintiff’s civil rights

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complaint should have been filed in his existing action, No. 2:17-cv-1162 MCE EFB, pursuant to

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Judge Brennan’s order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall file plaintiff’s complaint (ECF No. 1) in case No. 2:17-cv-

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1162 MCE EFB; and
2. The Clerk of the Court shall terminate this action.
Dated: December 1, 2017

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/roge2119.clo

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