(PC) Hayes v. Beck et al

Filing 13

ORDER signed by Senior District Judge William B. Shubb on 8/29/2024 ADOPTING 9 The Findings and Recommendations in full; The court's order directing collection of the filing fee 10 is VACATED and the Clerk of Court shall refund any money collected pursuant to that order. The Clerk of Court shall serve this order on the court's financial division. This case be DISMISSED as erroneously opened. CASE CLOSED. (cc: Financial Department) (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE P. HAYES,

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No. 2:23-cv-02694-WBS-EFB (PC)

Plaintiff,
v.

ORDER

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CHRISTOPHER BECK, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 30, 2024, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections.

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The magistrate judge recommended that the case be dismissed as duplicative of E.D. Cal.

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Case No. 2:23-cv-02380-DMC. ECF No. 9. Plaintiff informs the court that the Clerk of Court

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erroneously filed a pleading intended as an amended complaint in that action as a new case (this

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one). ECF No. 12. Plaintiff agrees that this case should be terminated, as he had no intent to file

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it in the first place. Id.
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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis – the case is duplicative of

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another, earlier-filed pending case. However, because this case was opened due to administrative

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error, the court will vacate its order directing collection of the filing fee. Accordingly, IT IS

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HEREBY ORDERED that:

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1. The findings and recommendations filed May 30, 2024 are adopted in full.

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2. The court’s order directing collection of the filing fee (ECF No. 10) is VACATED and

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the Clerk of Court shall refund any money collected pursuant to that order.
3. The Clerk of Court shall serve this order on the court’s financial division.
4. This case be dismissed as erroneously opened.
Dated: August 29, 2024

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