(PC) Storm v. Newsom

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIMITRI Z. STORM, Case No. 1:24-cv-01014-CDB (PC) 12 Plaintiff, ORDER ADMINISTRATIVELY CLOSING INSTANT CASE AS OPENED IN ERROR 13 v. 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff Dimitri Z. Storm (“Plaintiff”) is proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. (Doc. 1). This action was filed on August 27, 2024. Id. 19 Approximately two months earlier (on June 25, 2024), Plaintiff initiated a nearly identical 20 action in Storm v. Newsom, et al., Case No. 1:24-cv-00743-JLT-SKO (PC).1 The Honorable 21 United States Magistrate Judge Sheila K. Oberto issued an order striking Plaintiff’s complaint as 22 the pleading was unsigned. Judge Oberto directed the Clerk of the Court to send Plaintiff a blank 23 civil rights complaint form and for Plaintiff to file a signed civil rights complaint. It appears that 24 the instant complaint (Doc. 1) was filed in response to Judge Oberto’s order. Therefore, the 25 instant action is duplicative of the first, and was opened in error. As a result, the Court directs the 26 Clerk of the Court to correct this administrative error by closing the incorrectly opened new case. 27 1 A court may take judicial notice of court records in another case. United States v. 28 Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004). 1 Plaintiff is informed that he should continue to respond to orders issued in Case No. 1:24- 2 | cv-00743-SKO regarding the claims raised in his complaint. That case remains open at this 3 | time and is not affected by this order. In addition, Plaintiff will not be charged the filing fee 4 | for this incorrectly opened case. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Clerk of the Court shall ADMINISTRATIVELY CLOSE Case No. 1:24-cv-01014- 7 CDB; and 8 2. The Clerk of the Court is DIRECTED to file the complaint (Doc. 1) in Case No. 1:24-cv- 9 00743-SKO. 10 | IT IS SO ORDERED. | Dated: _ August 29, 2024 | hr 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28