(PC) Quang v. CSP California Medical Facility ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THANH QUANG, No. 2:22-cv-1703 KJN P 12 Plaintiff, 13 v. ORDER 14 CSP CALIFORNIA MEDICAL FACILITY, 15 Defendant. 16 17 18 Plaintiff is a state prisoner, proceeding pro se. Plaintiff’s complaint was filed with the 19 court on September 27, 2022. However, the court’s records reveal that on July 28, 2022, plaintiff 20 filed a complaint containing virtually identical allegations in Quang v. CSP California Medical 21 Facility, No. 2:22-cv-1341 CKD P (E.D. Cal.).1 On September 2, 2022, plaintiff was granted 22 leave to file an amended complaint in that case. Id. Although plaintiff did not style the instant 23 pleading as an “amended complaint,” or include the case number No. 2:22-cv-1341 CKD P, as 24 required by the September 2, 2022 order, due to the nature of his allegations, plaintiff’s complaint 25 should be construed as an amended complaint and filed in his prior case. 26 //// 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 28 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). ] Therefore, the Clerk of the Court is directed to file plaintiff's complaint (ECF No. 1) as an 2 || amended complaint in Quang, No. 2:22-cv-1341 CKD P. Because this action was improvidently 3 || opened, the Clerk of the Court is directed to terminate this action. 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court: 5 1. File plaintiff's complaint (ECF No. 1) as an amended complaint in Quang, No. 2:22- 6 | cv-1341 CKD P; and 7 2. Terminate the instant action. 8 || Dated: October 11, 2022 Foci) Aharon 10 KENDALL J. NE /quant 703.23 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28