(PC) Harper v. Powell, et al.

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 5/31/2024 GRANTING 13 Motion for Clarification. (Kyono, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL HARPER,

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Plaintiff,

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No. 2:24-cv-1343 TLN AC P

v.

ORDER

B. POWELL, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a motion for clarification in which he

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states that he has been given two case numbers for the same case and would like to know which

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case number to use. ECF No. 13.
This action was initiated in the Fresno Division of this court and later transferred to the

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Sacramento Division, where it was assigned the case number 2:24-cv-1343 TLN AC. ECF No.

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10. Before the case was transferred, plaintiff re-filed his complaint in the Sacramento Division,

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where it was opened as a new case and assigned case number 2:24-cv-1279 TLN DB. There are

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currently findings and recommendations pending in 2:24-cv-1279 TLN DB recommending that

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that case be closed as duplicative of this action. If the findings and recommendations are adopted

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by the district judge, then case number 2:24-cv-1279 TLN DB will be closed and only this action

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will remain pending.1

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Plaintiff is further advised that there are currently findings and recommendations pending

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in this action that recommend denial of his motion for leave to proceed in forma pauperis. ECF

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No. 12. If plaintiff wants to object to those findings and recommendations, he will need to file

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those objections in this action (2:24-cv-1343 TLN AC).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for clarification (ECF

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No. 13) is GRANTED to the extent clarification has been provided above.

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DATED: May 31, 2024

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If plaintiff would like to object to those findings and recommendations, he will need to file
objections in case number 2:24-cv-1279 TLN DB. Plaintiff may also file a notice of voluntary
dismissal in that case if he wishes.
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