(PC) Robinson v. Willsmore

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 1/2/2025 ORDERING that, within 14 days of the service of this order, plaintiff shall notify the court whether he intended 1 Complaint to be filed as a separate case or as an amendment to his August 2024 complaint against defendant Willsmore (2:24-cv-2246-DAD-SCR). (Deputy Clerk HAH)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEANDRE ROBINSON,

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Plaintiff,

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v.

No. 2:24-cv-3681 AC P

ORDER

NOAH WILLSMORE,

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Defendant.

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Plaintiff DeAndre Robinson filed a civil rights complaint against defendant Noah

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Willsmore, which was docketed under the above-captioned case number. ECF No. 1. In

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reviewing plaintiff’s prior lawsuits, the court noticed that plaintiff had previously filed two other

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civil rights complaints against the same defendant in this court, which have been designated by

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separate case numbers: 24-cv-2246 DAD SCR and 24-cv-2510 SCR. The complaints in the three

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cases involve different incidents alleged to have occurred between plaintiff and defendant. On

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December 9, 2024, before the present case was filed, plaintiff filed notices in his other cases

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against defendant Willsmore inquiring why two case numbers had been assigned to his case

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against defendant Willsmore. See Case Nos. 24-cv-2246 DAD SCR, ECF No. 14; 24-cv-2510

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SCR, ECF No. 5. Plaintiff’s notice in those cases suggest that he intended to amend or

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supplement his initial complaint against Willsmore and not to create separate cases. Accordingly,

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the court seeks clarification from plaintiff as to whether he intended this case to be a separate

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case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the service of this order, plaintiff shall notify the court

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whether he intended the attached complaint to be filed as a separate case or as an amendment to

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his August 2024 complaint against defendant Willsmore. If plaintiff does provide the required

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notice, the attached complaint will be filed as a motion to amend the complaint in Robinson v.

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Willsmore, No. 2:24-cv-2246 DAD SCR, and this case will be closed.

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2. The Clerk of the Court is directed to attach a coy of the complaint filed December 23,

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2024 (ECF No. 1) to this order.

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DATED: January 2, 2025

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