Phillips v. McKowan et al

Filing 7

ORDER OF DISMISSAL (Illston, Susan) (Filed on 6/26/2014) (Additional attachment(s) added on 6/26/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRYL KEITH PHILLIPS,

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United States District Court
For the Northern District of California

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No. C 14-2146 SI (pr)

Plaintiff,

ORDER OF DISMISSAL

v.
MELISSA McKOWAN; et al.,
Defendants.
/

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This action was opened due to an error at the courthouse that is more difficult to explain

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than to undo. Plaintiff sent to the court a form civil rights complaint with the notations

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"Amendment" and "CV 13-5044" clearly written on the first page. The document was stamped

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"received" and docketed as Docket # 14 in Case No. C 13-5044 MEJ. There has been no ruling

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in Case No. C 13-5044 MEJ as to whether to permit the post-judgment amendment to the

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complaint in that action. However, someone at the courthouse made a copy of the document,

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crossed out the word "Amendment" and the case number, and marked the document as a "new

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case" – activity that caused the document to be filed as a complaint and Case No. 14-2146 SI to

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be opened. Plaintiff then sent a letter in which he stated the document "is not a new case but an

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amended complaint to Case CV 13-5044." Docket # 4 at 1. Since it is now abundantly clear that

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plaintiff did not intend to file a new action, this action (i.e., Case No. 14-2146) is now

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DISMISSED because it was opened in error. No filing fee is due in this action because it was

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opened due to a mistake at the courthouse. No further documents may be filed in this action.

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The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: June 26, 2014

_______________________
SUSAN ILLSTON
United States District Judge