Foley v. Bates et al

Filing 5

Sua Sponte Judicial Referral for Purpose of Determining Relationship. Signed by Judge Hamilton on 12/4/06. (pjhlc2, COURT STAFF) (Filed on 12/4/2006)

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Foley v. Bates et al Doc. 5 Case 3:06-cv-07294-PJH Document 5 Filed 12/04/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 v. TOM BATES, et al., Defendants. _______________________________/ On November 27, 2006, plaintiff filed an application to proceed with the abovereferenced action in forma pauperis ("IFP") pursuant to 20 U.S.C. 1915. Concurrent with the filing of plaintiff's application and complaint, plaintiff also filed a Notice of Related Case, indicating that the newly-filed action may be related to an earlier-filed action brought by plaintiff, Foley v. Brady et al., C 06-3888 JSW. Based upon the court's review, it appears that plaintiff has failed to file his Notice of Related Case in the earlier-filed action, as required by Civil Local Rule 3-12(b). Accordingly, and in order for the relationship between both cases to be properly determined, the court makes this sua sponte judicial referral, for determination by the earlier-assigned Judge as to whether the cases are related. DARRELL D. FOLEY, Plaintiff, No. C 06-7294 PJH SUA SPONTE JUDICIAL REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: December 4, 2006 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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