Shields v. Kahn et al

Filing 7

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: The Court Sua Sponte Dismisses the later-filed and duplicate civil action assigned S.D. Cal. Civil Case No. 3:18-cv-00099-DMS-MDD without prejudice as inadvertently filed, and Denies the pending M otion to Proceed IFP (ECF No. 2) as moot. No filing fees are to be assessed in this matter, and the dismissal of this action shall operate without any prejudice to the pursuit of Plaintiffs pending claims in S.D. Cal. Civil Case No. 3:17-cv-02597-JLS-MDD. Moreover, the dismissal of this case shall not be counted as a strike against Plaintiff pursuant to 28 U.S.C. § 1915(g) in any future proceedings. The Clerk shall close the file.(All non-registered users served via U.S. Mail Service)(jjg)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Patrick Shields
Civil Action No. 18-cv-00099-DMS-BLM
Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

Chaplin Kahn, Chaplin; R. Brown,
Community Resource Manager; E.
Garza, Captain; D. Paramo, Warden
Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
The Court Sua Sponte Dismisses the later-filed and duplicate civil action assigned S.D. Cal. Civil Case
No. 3:18-cv-00099-DMS-MDD without prejudice as inadvertently filed, and Denies the pending
Motion to Proceed IFP (ECF No. 2) as moot.
No filing fees are to be assessed in this matter, and the dismissal of this action shall operate without
any prejudice to the pursuit of Plaintiff’s pending claims in S.D. Cal. Civil Case No. 3:17-cv-02597JLS-MDD. Moreover, the dismissal of this case shall not be counted as a “strike” against Plaintiff
pursuant to 28 U.S.C. § 1915(g) in any future proceedings.
The Clerk shall close the file.

Date:

3/16/18

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ J. Gutierrez
J. Gutierrez, Deputy