(PC) Mathews v. County of Sacramento et al

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 06/04/24 DIRECTING Clerk to file 1 Complaint in this matter as a first Amended Complaint in 2:23-cv-0922 KJM DB and CLOSE this matter as it was opened in error. Plaintiff to use the case number 2:23-cv-0922 KJM DB on all future filings. The 4 Motion to Proceed IFP and 5 Motion to Respond are DENIED AS MOOT. CASE CLOSED (Benson, A.)

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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 JAMES LEE MATHEWS, 12 Plaintiff, 13 14 15 v. No. 2:23-cv-01021 DB P ORDER COUNTY OF SACRAMENTO, et al., Defendants. 16 17 18 Plaintiff, a former state prisoner, proceeds pro se and seeks relief under 42 U.S.C. § 1983. 19 Plaintiff’s complaint asserts claims involving the alleged abrupt termination of medications at the 20 Sacramento County Main Jail. (See ECF No. 1at 1.) The court notes plaintiff checked the box for 21 both “Original Complaint” and “First Amended Complaint” on the first page of the complaint. 22 A review of the docket indicates plaintiff has another civil action pending concerning the 23 alleged abrupt termination of prescribed medications at the Sacramento County Main Jail: 24 Mathews v. County of Sacramento, et al., Case No. 2:23-cv-0922-KJM-DB (E.D. Cal.). In that 25 case, plaintiff was ordered to file a complaint within 30 days of the court’s February 16, 2024 26 order. (ECF No. 11.) 27 28 The undersigned finds that plaintiff’s complaint initiating this case should have been filed as an amended complaint in his earlier civil rights action, Mathews v. County of Sacramento, et 1 1 al., Case No. 2:23-cv-0922-KJM-DB (E.D. Cal.). Accordingly, the undersigned will order the 2 complaint to be filed in that case as a first amended complaint. The undersigned will screen the 3 first amended complaint in due course. 4 In accordance with the above, IT IS HEREBY ORDERED as follows: 5 1. The Clerk of Court is directed to file a copy of plaintiff’s complaint in the present 6 case as a first amended complaint in Mathews v. County of Sacramento, et al., Case No. 2:23-cv- 7 0922-KJM-DB (E.D. Cal.), the earlier-filed civil rights action. 8 2. Plaintiff is directed to use the case number 23-cv-0922 for all future filings. 9 3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 4) and motion to respond 10 11 12 (ECF No. 5) are denied as moot. 4. The Clerk of the Court is directed to close this case as it was opened in error. Dated: June 4, 2024 13 14 15 DLB7 math1021.fileasAC+close 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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