Quair v. Garratt ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID S QUAIR, Case No. 19-cv-08420-JD 8 Plaintiff, ORDER DISMISSING 9 v. COMPLAINT 10 STEPHANIE GARRATT, et al., ll Defendants. 12 Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. 14 || He has been granted leave to proceed in forma pauperis. A review of the complaint indicates that 3 15 || plaintiff seeks relief regarding his underlying conviction and sentence on April 6, 2018, with a 16 || respect to a 39-month plea agreement. Court records indicate that plaintiff recently filed a habeas 3 17 case regarding this same conviction, Quair v. Gastelum, Case No. 20-0179 YGR. Because 18 || plaintiff has filed a habeas case challenging his conviction, this civil rights action is dismissed as 19 duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). The 20 || Clerk is requested to close this case. 21 IT IS SO ORDERED. 22 || Dated: January 23, 2020 23 24 JAMES DPNATO 25 United Stgtes District Judge 26 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 DAVID S QUAIR, 4 Case No. 19-cv-08420-JD Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE 5 STEPHANIE GARRATT, et al., Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on January 23, 2020, ISERVED a true and correct copy(ies) of the attached, by 13 = placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16 = 17 || David S Quair ID: BG0478 8 California Men's Colony Z 18 East Facility, B-3250-IL P.O. Box 8101 19 || San Luis Obispo, CA 93409-8101 20 21 Dated: January 23, 2020 22 23 Susan Y. Soong Clerk, United States District Court 25 26 By: Lisk Anak Deputy Clerk to the Honorable JAMES DONATO 28