Monroe v. Summersett et al

Filing 4

ORDER DISMISSING COMPLAINT; NO FEE IS DUE. Signed by Judge JEFFREY S. WHITE on 12/16/09. (jjo, COURT STAFF) (Filed on 12/16/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. SUE SOMERSET, et al, Defendants SHAWN MONROE, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. C 09-5456 JSW (PR) ORDER DISMISSING COMPLAINT; NO FEE IS DUE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, a prisoner incarcerated at Ironwood State Prison in Blythe, California, filed a civil rights action pursuant to 42 U.S.C. § 1983. However, it appears that the complaint is duplicative of one that was filed under Case No. C-09-5445 JF (PR). Plaintiff promptly notified this Court that two identical actions had been commenced. Therefore, the instant case is DISMISSED as duplicative of Plaintiff's complaint in that case, currently pending before this Court. Because Plaintiff's complaint was apparently filed in error, no fee is due. The Clerk of Court shall enter judgment and close the file. IT IS SO ORDERED. DATED: December 16, 2009 JEFFREY S. WHITE United States District Judge

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Shawn Monroe Ironwood State Prison P94445 Blythe, CA 92226 Dated: December 16, 2009 v. SUE SUMMERSET et al, Defendant. SHAWN MONROE, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-05456 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 16, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk