Moore v. Hatton et al

Filing 41

ORDER STRIKING AMENDED COMPLAINT AND DIRECTING CLERK TO FILE INTO OPEN CASEORDER. Signed by Judge Beth Labson Freeman on 11/2/2020. (tshS, COURT STAFF) (Filed on 11/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 5:17-cv-03696-BLF Document 41 Filed 11/02/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHNNY ANDREW MOORE,
United States District Court
Northern District of California

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Plaintiff,

ORDER STRIKING AMENDED
COMPLAINT AND DIRECTING
CLERK TO FILE INTO OPEN CASE

v.

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Case No. 17-03696 BLF (PR)

S. HATTON, et al.,
Defendants.
(Docket No. 40)

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Plaintiff, a California inmate, filed the instant pro se civil rights action pursuant to

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42 U.S.C. § 1983, against officials at the California Training Facility. Dkt. No. 1. On

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June 26, 2020, the Court granted Defendants’ motion to dismiss and entered judgment the

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same day. Dkt. Nos. 32, 33. Plaintiff filed a notice of appeal on September 1, 2020. Dkt.

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No. 37. Accordingly, this matter is now before the Ninth Circuit on appeal. Dkt. No. 39.

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On October 16, 2020, Plaintiff filed an amended complaint in accordance with a

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court order granting him leave to amend. Dkt. No. 40 at 1. Plaintiff continues to confuse

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this closed matter with another action filed as Moore v. Hatton, et al., Case No. 20-1445

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BLF (PR). In that case, the Court screened the complaint, which was removed to this

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Court by Defendants, and dismissed the complaint with leave to amend on July 7, 2020.

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Id.; Dkt. No. 7. The amended complaint filed in this action should be filed in the more

Case 5:17-cv-03696-BLF Document 41 Filed 11/02/20 Page 2 of 2

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recent, open action. Accordingly, the Clerk shall strike the amended complaint from this

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matter, and refile it under Moore v. Hatton, et al., Case No. 20-1445 BLF (PR).

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Plaintiff is against advised that the only open case that he has in this Court is

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Case No. C 20-01445 BLF (PR), and any filings in that matter must include Case No.

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C 20-01445 BLF (PR) and not Case No. 17-03696.

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IT IS SO ORDERED.
Dated: _November 2, 2020________

________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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Order Striking Am. Compl. and Directing Clerk to Refile in Open Case
PRO-SE\BLF\CR.17\03696Moore_strike.AC

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