(PC) Kalso v. Butte County Jail

• Court: District Court, E.D. California
• Decided: March 1, 2024
• Docket: 2:24-cv-00466
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY LLOYD KALSO, No. 2:24-cv-00466 AC P 12 Plaintiff, 13 v. ORDER 14 BUTTE COUNTY JAIL, 15 Defendant. 16 17 Plaintiff is a county prisoner proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. It has come to the court’s attention that the claims in the instant complaint are 19 identical to those in Kalso v. Butte County Jail, No. 2:24-cv-0404 CKD, which was opened by the 20 Clerk of the Court on February 5, 2024.1 Plaintiff “has no right to maintain two separate actions 21 involving the same subject matter at the same time in the same court and against the same 22 defendant.” MHC Fin. Ltd. P’ship v. City of San Rafael, 714 F.3d 1118, 1133 (9th Cir. 2013). 23 The complaint in this case will therefore be construed as an amended complaint in the earlier filed 24 action. 25 /// 26 /// 27 1 Both complaints allege that the Butte County Jail is violating plaintiff’s rights by serving 28 expired food, price gouging, and using plastic food trays that expose him to cancerous materials. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court is directed to file the complaint in this case as an amended 3 | complaint in Kalso v. Butte County Jail, No. 2:24-cv-0404 CKD; and 4 2. The Clerk of the Court is directed to close this case. 5 3. DATED: February 29, 2024. 6 ~ 7 Htttenr— Lhar—e_ ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28