Haggins v. Tau Tau et al

Filing 6

ORDER that the Clerk is instructed to docket the Complaint, (Doc. No. 1), as the Amended Complaint in case number 3:17-cv-492, and reopen case number 3:17-cv-492. The Clerk is instructed to close the instant case.. Signed by Chief Judge Frank D. Whitney on 8/14/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-9-FDW
CURTIS HAGGINS,

)
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Plaintiff,
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vs.
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FNU TAU TAU, et al.,
)
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Defendants.
)
____________________________________)

ORDER

THIS MATTER is before the Court on initial review of Plaintiff’s Complaint, filed under
42 U.S.C. § 1983, (Doc. No. 1).
On January 30, 2017, Plaintiff’s pro se civil rights Complaint pursuant to 42 U.S.C. § 1983
which was docketed in case number 3:17-cv-492-FDW. On December 5, 2017, the Court ordered
Plaintiff to file an Amended Complaint within 30 days, particularizing his claims, providing factual
support, and identifying the individual defendants. (3:17-cv-492, Doc. No. 34). On February 15,
2018, the Court dismissed the case without prejudice for failure to prosecute because Plaintiff had
failed to file an Amended Complaint in accordance with its Order. (3:17-cv-492, Doc. No. 35).
Meanwhile, on January 5, 2018, the Complaint was docketed in the instant case. The
Complaint does not cite case number 3:17-cv-492 and it is not labeled as an “Amended
Complaint.” Therefore, the pleading was docketed as a Complaint in the instant new civil case
rather than as the Amended Complaint in case number 3:17-cv-492.
It is apparent that Plaintiff intended the January 5, 2018, pleading to serve as his Amended
Complaint in case number 3:17-cv-492. See (Doc. Nos. 3-5) (Plaintiff arguing that he should not
have to pay the filing fee because he was already granted in forma pauperis status in case number

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3:17-cv-492).
IT IS, THEREFORE, ORDERED that:
1.

The Clerk is instructed to docket the Complaint, (Doc. No. 1), as the Amended
Complaint in case number 3:17-cv-492, and reopen case number 3:17-cv-492.

2.

The Clerk is instructed to close the instant case.

Signed: August 14, 2018

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