Caton v Burdges

Filing 6

REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint filed by James R Caton Recommending that this duplicate, higher numbered case be dismissed. Objections to R&R due by 8/13/2009. Signed by Magistrate Judge Patrick A. White on 7/24/2009. (br)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-22189-CIV-HUCK MAGISTRATE JUDGE P. A. WHITE JAMES R. CATON, Plaintiff, v. DR. BURDGES, : : : : REPORT RE DUPLICATE CASE

Respondents. : ______________________________ This case, Case No. 09-22189-Civ-Huck, filed by pro-se 1 plaintiff James R. Caton, was transferred to the Southern District of Florida from the Middle District of Iowa on July 14, 2009. The complaint names as sole defendant Dr. Burdges, who Caton claims would not continue his medication while he was confined at the Miami Federal Detention Center. He is seeking to be put back on his medication at the Miami Federal Correctional Institution, where he is now located. This case is a duplicate of case no. 09-21945-Civ-Moreno, pending in this Court, and being processed. There is no need for there to be two identical claims pending in the same Court. It is therefore recommended numbered case be dismissed. that this duplicate, higher

The docket in case no. 09-21945-Civ-Moreno incorrectly listed the plaintiff as James "Canton", and will be corrected. Initial orders in that case similarly have listed the plaintiff as "Canton".

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Dated this 24th day of July, 2009.

______________________________ UNITED STATES MAGISTRATE JUDGE

cc:

James R. Caton, Pro Se Reg#37101-019 Miami Federal Correctional Institution Address of record

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