(PC) Hamilton v. Ables ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HAMILTON, No. 2:23-cv-0679 KJN P 12 Plaintiff, 13 v. ORDER 14 L. ABLES, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. On April 11, 2023, plaintiff e-filed a civil 18 rights complaint and marked the “First Amended Complaint” box. (ECF No. 1.) However, 19 plaintiff’s filing did not include a case number. Plaintiff’s pleading was opened as a new action 20 and assigned case No. 2:23-cv-0679 KJN. However, the court’s own records reveal that on 21 January 10, 2023, plaintiff filed a complaint containing virtually identical allegations. (2:23-cv- 22 0050 DB P).1 23 On April 19, 2023, plaintiff filed a copy of the amended complaint, accompanied by his 24 notice of amendment to “avoid judicial misunderstanding.” (ECF No. 4 at 9.) The title of the 25 filing references both case numbers, but clearly states “Notice of Amended Complaint of Case 26 No. 2:23-cv-0050 DB.” (ECF No. 4 at 9.) After comparing the amended complaint filed in this 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). 1 || action with the complaint filed in plaintiff's prior action, No. 2:23-0050 DB, the pleadings are 2 || virtually identical; one exception is that on page two, plaintiff identifies the first defendant as L. 3 || Ables; in his original complaint filed in the earlier action, the name for the first defendant was left 4 | blank. 5 Plaintiff's April 19, 2023 submission in the instant action makes clear that this action was 6 || improvidently opened. Plaintiff's April 11, 2023 filing was intended to be filed as an amended 7 || complaint in 2:23-cv-0050 DB. Therefore, the Clerk of the Court is directed to file the April 11, 8 | 2023 amended complaint in plaintiff's earlier action, 2:23-cv-0050 DB, and to terminate this 9 || action, 2:23-cv-0679 KIN, as improvidently opened. 10 Plaintiff is informed that all court filings must bear the assigned court case number. For 11 | all future filings, plaintiff should now use Hamilton v. Ables, No. 2:23-cv-0050 DB P. 12 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to: 13 1. File the April 11, 2023 amended complaint (ECF No. 1) in plaintiffs prior case, 14 Hamilton v. Ables, No. 2:23-cv-0050 DB P (E.D. Cal.), as his amended complaint; 15 and 16 2. Terminate the instant case, Hamilton v. Ables, 2:23-cv-0679 KJN P (E.D. Cal.), as 17 improvidently opened. 18 || Dated: April 28, 2023 " Aectl Aharon 20 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 21 fhami0679.23+ 22 23 24 25 26 27 28