Rodriguez v. Javate et al

Filing 5

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 12/17/2013. (Attachments: # 1 Proof of Service)(rmm2S, COURT STAFF) (Filed on 12/17/2013)

1
2
3

UNITED STATES DISTRICT COURT
4

NORTHERN DISTRICT OF CALIFORNIA
5
6
7
8
9
United States District Court
For the Northern District of California

12

ORDER OF DISMISSAL

Plaintiff,

10
11

No. C 13-4822 MEJ (pr)

JUAN RODRIGUEZ,

v.
ROSANA LIM JAVATE, et al.,
Defendants.

13

/

14
15
16
17
18
19
20
21
22
23
24
25
26
27

On October 17, 2013, Plaintiff, a prisoner at the Correctional Training Facility (“CTF”)
in Soledad, California, filed a complaint with the notation “order of dismissal with leave to
amend.” He asserts that prison officials at CTF improperly have denied him his treating
physicians’ referrals for bunion surgery. The complaint contains the same claims stated in
Plaintiff’s case in Rodriguez v. Javate, C 13-1819 CRB (pr), in which the court entered an order
on August 12, 2013, dismissing Plaintiff’s amended complaint in that action with leave to further
amend.
It is apparent that Plaintiff intended his complaint to be a second amended complaint in
C 13-1819. Therefore, the Court directs the Clerk of the Court to close this action, re-file the
complaint in action C 13-1819, and docket the complaint as a “Second Amended Complaint.”
This action is DISMISSED. No filing fee is due. The Clerk shall terminate all pending
motions and close the file.
IT IS SO ORDERED.

28

DATED:

December 17, 2013

Maria-Elena James
United States Magistrate Judge