Cooper v. Allison et al

Filing 13

ORDER DENYING MOTION FOR RECONSIDERATION by Judge Beth Labson Freeman. Denying 11 Motion. (tshS, COURT STAFF) (Filed on 1/6/2021)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)

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Case 5:20-cv-06430-BLF Document 13 Filed 01/06/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 KENNETH ALLAN COOPER, United States District Court Northern District of California 11 12 13 14 Plaintiff, v. Case No. 20-06430 BLF (PR) ORDER DENYING MOTION FOR RECONSIDERATION KATHLEEN ALLISON, et al. Defendants. (Docket No. 11) 15 16 17 The Court dismissed the instant civil rights action without prejudice for Plaintiff’s 18 failure to pay the filing fee on December 8, 2020, and judgment was entered the same day. 19 Dkt. Nos. 9, 10. Plaintiff filed a motion for reconsideration on December 31, 2020, 20 describing difficulties with filing. There appears to be some confusion with what was filed 21 in this action. The instant action was opened based on a letter from Plaintiff dated August 22 17, 2020, in which he alleged “emergency conditions” at San Quentin State prison. Dkt. 23 No. 1. Plaintiff was directed to file a proper complaint using the court’s form as well as an 24 In Forma Pauperis (“IFP”) application. Dkt. Nos. 2, 3. On October 2, 2020, Plaintiff filed 25 a complaint, Dkt. No. 5, but no IFP application. Accordingly, the matter was properly 26 dismissed for failure to pay the filing fee. 27 28 Even if the Court were to reopen the matter and allow Plaintiff more time to file an IFP motion, it would be futile. The complaint filed in this matter is identical to the one Case 5:20-cv-06430-BLF Document 13 Filed 01/06/21 Page 2 of 2 1 filed to open an earlier action under Case No. 20-04658 BLF, which is open and pending. 2 Compare Dkt. No. 5 with Case No. 20-04658 BLF, Dkt. No. 1. This means the instant 3 action would be subject to dismissal as duplicative. Accordingly, Plaintiff’s motion for 4 reconsideration is DENIED. Plaintiff’s claim shall proceed under Case No. 20-04658 5 BLF. No further filings shall be accepted in the instant action. 6 This order terminates Docket No. 11. 7 IT IS SO ORDERED. 8 Dated: _January 6, 2021_____ ________________________ BETH LABSON FREEMAN United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order Denying Recon. P:\PRO-SE\BLF\CR.20\06430.Cooper_deny.recon 26 27 28 2

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