Cordell v. Vu

Filing 12

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 7/11/17. (klhS, COURT STAFF) (Filed on 7/11/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 WALTER CORDELL, 8 Plaintiff, 9 Case No. 17-cv-02397-JCS (PR) ORDER OF DISMISSAL v. 10 VU, et al., 11 United States District Court Northern District of California Defendants. Dkt. Nos. 3 and 9 12 13 This federal civil rights action is DISMISSED because it is duplicative of another 14 15 action (17-02396 JCS).1 The Court issued an order in that other action dismissing that 16 complaint with leave to file an amended complaint that contains the claims and defendants 17 in both actions. The issues raised by plaintiff’s motions for the appointment of counsel 18 and for a preliminary injunction (Dkt. Nos. 3 and 9) were addressed in that order. The Clerk shall terminate Dkt. Nos. 3 and 9, enter judgment in favor of defendants, 19 20 and close the file. IT IS SO ORDERED. 21 22 Dated: July 11, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 23 24 25 26 1 27 28 Plaintiff consented to magistrate judge jurisdiction. (Dkt. No. 5.) The magistrate judge, then, has jurisdiction to issue this order, even though defendants have not been served or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995). 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WALTER CORDELL, Case No. 17-cv-02397-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 VU, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 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 July 11, 2017, 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. 16 17 18 Walter Cordell ID: AA9701 (A-4-124) Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960 19 20 21 Dated: July 11, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 2

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