(PC) Muhammad v. Orr et al

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/20 DENYING 25 Motion to consolidate and extend the time to file a responsive pleading. (Plummer, M)

Case 2:19-cv-01289-KJM-CKD Document 29 Filed 11/18/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANSAR EL MUHAMMAD,

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No. 2:19-cv-01289-KJM-CKD P

Plaintiff,

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v.

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ORDER

F. ORR, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this federal civil

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rights action filed pursuant to 42 U.S.C. § 1983. Upon filing a notice of related cases, defendants

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also filed a motion to consolidate pleadings in this matter with Muhammad v. Amaral, Case No.

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2:20-cv-00069-WBS-KJN.1 ECF Nos. 23, 25. In support of this motion defendants filed a

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request that the court take judicial notice of the related civil action pursuant to Rule 201(b)(2) of

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the Federal Rules of Evidence. ECF No. 26.

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The court grants defendants’ request to take judicial notice of Muhammad v. Amaral,

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Case No. 2:20-cv-00069-WBS-KJN, which was filed after the instant case was initiated. On

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November 16, 2020, the magistrate judge issued Findings and Recommendations that the Amaral

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case be dismissed as duplicative of the present action. See ECF No. 34 in Muhammad v. Amaral,

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Hereinafter referred to as the “Amaral case.”
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Case 2:19-cv-01289-KJM-CKD Document 29 Filed 11/18/20 Page 2 of 2
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Case No. 2:20-cv-00069-WBS-KJN. In light of this finding, there is no reason to consolidate a

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duplicative civil action. Therefore, the court denies defendants’ motion to consolidate. By

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separate order, the court will refer this matter to the Post-Screening ADR (Alternative Dispute

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Resolution) Project in light of defendants’ waiver of service of process. ECF No. 24.

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Accordingly, IT IS HEREBY ORDERED that defendants’ motion to consolidate and

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extend the time to file a responsive pleading (ECF No. 25) is denied.

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Dated: November 18, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/muha1289.noconsolidation.docx

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