Mc Clain v. Denham et al

Filing 10

ORDER DISMISSING CASE without prejudice by Judge Lewis T. Babcock on 9/22/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02515-BNB
CLAUDE GRAYWOLF McCLAIN,
Plaintiff,
v.
MRS. D. DENHAM, Warden,
M. LONNEL, Asst. Warden/A.W.P.,
MRS. R. HUFNAGLE, unit manager,
MRS. L. ASAY, case manager,
Defendants.

ORDER DISMISSING CASE

Plaintiff, Claude Graywolf McClain, is a prisoner in the custody of the Federal
Bureau of Prisons. Mr. McClain, apparently inadvertently, has initiated two separate
civil actions raising the same claims regarding medical treatment. On August 29, 2014,
Mr. McClain submitted a Prisoner Complaint, and civil action number 14-cv-02415-BNB
was opened. The same day, Mr. McClain was directed to cure certain deficiencies in
that action. On September 10, 2014, Mr. McClain submitted another complaint that did
not include a case number, and the instant action was opened. On September 11,
2014, Mr. McClain was directed to cure certain deficiencies in this action. Mr. McClain
has responded to the orders directing him to cure deficiencies by filing various papers in
both actions.
Mr. McClain may not pursue the same claims in two separate actions. Therefore,
the instant action will be dismissed without prejudice, and Mr. McClain will be directed to

pursue his medical treatment claims in civil action number 14-cv-02415-BNB. All future
filings regarding the medical treatment claims should be made in civil action number 14cv-02415-BNB.
Finally, the clerk of the Court will be directed to file in civil action number 14-cv02415-BNB a copy of the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (ECF No. 3) and the inmate trust fund account statement (ECF No.
9) that have been filed in this action. Accordingly, it is
ORDERED that the instant action is dismissed without prejudice. It is
FURTHER ORDERED that the clerk of the Court file in civil action number 14-cv02415-BNB a copy of the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (ECF No. 3) and a copy of the inmate trust fund account statement
(ECF No. 9) that have been filed in this action. It is
FURTHER ORDERED that all pending motions in this action are denied as moot
and without prejudice.
DATED at Denver, Colorado, this

22nd day of

September

, 2014.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

2