Ellington v. State of California et al

Filing 6

ORDER OF DISMISSAL. Plaintiff's complaint appears identical to the complaint filed in a prior case before this Court: Case No. C 11-00287 JW (PR), which is currently pending in this Court. Therefore, the instant case is DISMISSED as duplicative of plaintiff's earlier filed complaint. The clerk shall terminate all pending motions as moot. Motions terminated: 4 MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by Marcus Ruben Ellington, 3 MOTION for Leave to Proceed in forma pauperis filed by Marcus Ruben Ellington. Signed by Judge James Ware on 4/21/2011. (ecg, COURT STAFF) (Filed on 4/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MARCUS RUBEN ELLINGTON,

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Plaintiff,

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vs.

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STATE OF CALIFORNIA, et al.,
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Defendants.
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No. C 11-01507 JW (PR)
ORDER OF DISMISSAL

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Plaintiff filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983.

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Plaintiff has also filed an application to proceed in forma pauperis, (Docket No. 3),

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and a motion for preliminary injunction, (Docket No. 4).

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Plaintiff’s complaint appears identical to the complaint filed in a prior case

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before this Court: Case No. C 11-00287 JW (PR), which is currently pending in this

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Court. Therefore, the instant case is DISMISSED as duplicative of plaintiff’s earlier

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filed complaint.

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The clerk shall terminate all pending motions as moot.

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DATED:

April 21, 2011

JAMES WARE
United States District Chief Judge

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Order of Dismissal
P:\PRO-SE\SJ.JW\CR.11\01507Ellington_dism-dupl.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MARCUS RUBEN ELLINGTON,

Case Number: CV11-01507 JW

Plaintiff,

CERTIFICATE OF SERVICE

v.
STATE OF CALIFORNIA, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/22/2011

That on
, 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.

Marcus Ruben Ellington E-44837
Salinas Valley State Prison
P. O. Box 1050
Soledad, CA 93960
Dated:

4/22/2011
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk