Barrow v. Clark et al
Filing
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ORDER DISMISSING Action as Duplicative of Case Number 1:10-cv-00154-MJS PC, re 1 , signed by Magistrate Judge Barbara A. McAuliffe on 11/3/11. CASE CLOSED. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAEKUBIAN A. BARROW,
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CASE NO. 1:11-cv–00078-BAM PC
Plaintiff,
O R D E R D IS M IS S IN G A C T IO N
DUPLICATIVE OF CASE NUMBER
1:10-CV-00154-MJS PC
v.
KEN CLARK, et al.,
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AS
(ECF No. 1)
Defendants.
/
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This action was filed on October 13, 2010, in the Northern District of California by Plaintiff
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Raekubian A. Barrow, a state prisoner proceeding pro se and in forma pauperis, and the case was
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transferred to this court on January 18, 2011. A review of court records reveals that this action is
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duplicative of case number 1:10-cv-00154-MJS PC Barrow v. Warden California Medical Facility
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Corcoran, which was filed on February 1, 2010. Both actions are alleging that, on October 10, 2008,
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Correctional Officer Martinez kicked the port closed while Plaintiff’s hands and arms were still there
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and that Sergeant J. Ourique was present.
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In as much as the complaints are alleging the same facts against the same defendants, this
case, as the latter-filed one, is HEREBY ORDERED DISMISSED as duplicative.
IT IS SO ORDERED.
Dated:
10c20k
November 3, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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