(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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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.

No. 2:23-cv-01021 DB P

ORDER

COUNTY OF SACRAMENTO, et al.,
Defendants.

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Plaintiff, a former state prisoner, proceeds pro se and seeks relief under 42 U.S.C. § 1983.

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Plaintiff’s complaint asserts claims involving the alleged abrupt termination of medications at the

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Sacramento County Main Jail. (See ECF No. 1at 1.) The court notes plaintiff checked the box for

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both “Original Complaint” and “First Amended Complaint” on the first page of the complaint.

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A review of the docket indicates plaintiff has another civil action pending concerning the

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alleged abrupt termination of prescribed medications at the Sacramento County Main Jail:

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Mathews v. County of Sacramento, et al., Case No. 2:23-cv-0922-KJM-DB (E.D. Cal.). In that

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case, plaintiff was ordered to file a complaint within 30 days of the court’s February 16, 2024

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order. (ECF No. 11.)

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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
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al., Case No. 2:23-cv-0922-KJM-DB (E.D. Cal.). Accordingly, the undersigned will order the

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complaint to be filed in that case as a first amended complaint. The undersigned will screen the

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first amended complaint in due course.

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In accordance with the above, IT IS HEREBY ORDERED as follows:

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1.

The Clerk of Court is directed to file a copy of plaintiff’s complaint in the present

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case as a first amended complaint in Mathews v. County of Sacramento, et al., Case No. 2:23-cv-

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0922-KJM-DB (E.D. Cal.), the earlier-filed civil rights action.

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2.

Plaintiff is directed to use the case number 23-cv-0922 for all future filings.

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3.

Plaintiff’s motion to proceed in forma pauperis (ECF No. 4) and motion to respond

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(ECF No. 5) are denied as moot.
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The Clerk of the Court is directed to close this case as it was opened in error.

Dated: June 4, 2024

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DLB7
math1021.fileasAC+close

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