(PC) Mathews v. County of Sacramento et al

Filing 13

ORDER signed by Magistrate Judge Deborah Barnes on 06/04/24 VACATING 12 03/28/24 Findings and Recommendations and DIRECTING plaintiff to use the case number 23-cv-0922 KJM DB for all future filings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES LEE MATHEWS,

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Plaintiff,

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v.

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No. 2:23-cv-00922 KJM DB P

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, seeks relief

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pursuant to 42 U.S.C. § 1983. On March 28, 2024, the undersigned recommended that this action

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be dismissed for plaintiff’s failure to file an amended complaint or otherwise respond to the

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court’s order filed on February 16, 2024. However, the court has determined that plaintiff

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submitted a complaint which was entered as a new case on May 30, 2023, and which, instead,

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should have been filed as plaintiff’s amended complaint in this case.1 Accordingly, the

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undersigned will vacate the findings and recommendations to dismiss this case for failure to file

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an amended complaint. By separate order in the other action, the undersigned will order the Clerk

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The complaint was assigned case number 2:23-cv-1021-DB (E.D. Cal.) and was also entitled
Mathews v. County of Sacramento, et al. The complaint did not bear the case number for this case
and the boxes for both “original complaint” and “amended complaint” were checked. Plaintiff
shall use the case number 23-cv-0922 for all future filings.
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of the Court to file the complaint as a first amended complaint in this action. The court will screen

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the first amended complaint in due course.

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For the reasons set forth above, IT IS HEREBY ORDERED as follows:

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1. The undersigned vacates the findings and recommendations to dismiss this case filed

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on March 28, 2024 (ECF No. 12).
2. Plaintiff is directed to use the case number 23-cv-0922 for all future filings.
Dated: June 4, 2024

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DLB7
math0922.vac

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Click here to enter text.,

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No. Click here to enter text.

Plaintiff,
v.

NOTICE OF ELECTION

Click here to enter text.,

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Defendants.

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Plaintiff elects to proceed as follows:

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Plaintiff opts to proceed with his [set forth cognizable claims/defendants].

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Plaintiff consents to dismissal of [identify noncognizable claims/defts],
without prejudice.

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OR

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Plaintiff opts to file an amended complaint and delay service of process.
The proposed amended complaint is attached.

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DATED:
_______________________________
Plaintiff