Norvell v. Roberts ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANTHANEY LEAVONE NORVELL, Case No.: 3:20-cv-01293-CAB-JLB CDCR #AA-0214, 12 ORDER: Plaintiff, 13 vs. 1) DIRECTING CLERK OF COURT 14 TO FILE COMPLAINT [ECF No. 1] 15 AS FIRST AMENDED COMPLAINT S. ROBERTS; MARCUS POLLARD; IN CASE NO. 3:20-cv-00512-JLS- 16 JUSTIN B. KING, NLS; 17 Defendants. 2) DIRECTING CLERK OF COURT 18 TO FILE PLAINTIFF’S 19 REMAINING SUBMISSIONS IN CASE NO. 3:20-cv-00512-JLS-NLS; 20 21 AND 22 3) DIRECTING CLERK OF COURT 23 TO ADMINISTRATIVELY CLOSE CASE 24 25 Anthaney Leavone Norvell (“Plaintiff”), a prisoner incarcerated at Richard J. 26 Donovan Correctional Facility (“RJD”), and proceeding pro se, filed this civil rights 27 action pursuant to 42 U.S.C. Section 1983 on July 8, 2020. (ECF No. 1.) 28 1 A court may take judicial notice of its own records, see Molus v. Swan, No. 3:05- 2 cv-00452-MMA-WMc, 2009 WL 160937, at *2 (S.D. Cal. Jan. 22, 2009) (citing United 3 States v. Author Servs., 804 F.2d 1520, 1523 (9th Cir. 1986)); Gerritsen v. Warner Bros. 4 Entm’t Inc., 112 F. Supp. 3d 1011, 1034 (C.D. Cal. 2015), and “‘may take notice of 5 proceedings in other courts, both within and without the federal judicial system, if those 6 proceedings have a direct relation to matters at issue.’” Bias v. Moynihan, 508 F.3d 1212, 7 1225 (9th Cir. 2007) (quoting Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 8 2002)); see also United States ex rel. Robinson Rancheria Citizens Council v. Borneo, 9 Inc., 971 F.2d 244, 248 (9th Cir. 1992). 10 A review of the docket in another case pending in this Court, Norvell v. Roberts, et 11 al., 20-cv-00512-JLS-NLS (S.D. Cal.) (hereinafter, Norvell I), indicates that Plaintiff may 12 not have intended his Complaint in this case to initiate a new action. The Court takes 13 judicial notice of Norvell I, in which Plaintiff asserted similar allegations against the 14 same Defendants named in this matter. (See generally id. at ECF No. 1.) In Norvell I, 15 the Court dismissed Plaintiff’s complaint for failure to state a claim on May 11, 2020, 16 and granted forty-five days leave to file an amended complaint addressing the 17 deficiencies identified by the Court. (See id. at ECF No. 7.) 18 It appears that Plaintiff likely intended the Complaint in this case, Norvell II, to be 19 his amended pleading in Norvell I. Plaintiff did not, however, label it as an amended 20 pleading or provide the Norvell I case number on the pleading. As a result, the Clerk of 21 Court opened a new case. 22 Given Plaintiff’s likely intention to submit an amended pleading in Norvell I, the 23 Court will direct the Clerk of Court to close this matter and to file Plaintiff’s Complaint 24 (ECF No. 1) as his First Amended Complaint in Norvell I as of the date it was received in 25 this case. The Court will also direct the Clerk of Court to file Plaintiff’s other 26 submissions in this case, including a motion for appointment of counsel, in Norvell I. 27 (See, e.g., ECF Nos. 2-4.) Plaintiff is cautioned that he must label all future filings in 28 Norvell I with the proper case number. 1 Conclusion and Orders 2 For the reasons explained, the Court: 3 1) DIRECTS the Clerk of Court to file Plaintiff's Complaint (ECF No. 1) as 4 || Plaintiff's First Amended Complaint in 3:20-cv-00512-JLS-NLS; 5 2) DIRECTS the Clerk of Court to file Plaintiff’s remaining submissions in 6 || this matter in 3:20-cv-00512-JLS-NLS; and 7 3) DIRECTS the Clerk of Court to administratively close this matter. This 8 matter shall not constitute a “strike” for purposes of 28 U.S.C. Section 1915(g). 9 IT IS SO ORDERED. 10 || Dated: July 21, 2020 € 11 Hon. Cathy Ann Bencivengo 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28