McClellan v. Youngblood, et al.
Filing
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ORDER DISMISSING Action as Duplicative 1 ; CLERK TO CLOSE CASE, signed by Judge Oliver W. Wanger on 6/27/11: All pending motions in this action are DISMISSED as moot. (CASE CLOSED)(Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY MCCLELLAN,
Plaintiff,
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CASE NO. 1:11-cv-01023-OWW-GBC
ORDER DISMISSING ACTION AS
DUPLICATIVE
v.
(ECF No. 1)
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DONNY YOUNGBLOOD, et al.,
CLERK TO CLOSE CASE
Defendants.
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/
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ORDER
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Plaintiff Gregory McClellan is proceeding pro se in this civil rights action pursuant
to 42 U.S.C. § 1983. On June 20, 2011 Plaintiff filed this action.
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Upon review of this case, this Court has concluded that the complaint submitted on
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June 20, 2011 is substantively identical to Plaintiff’s complaint in case 1:10-cv-01452-AWI-
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GBC filed on August 12, 2010. Certain claims from the August 12, 2010 complaint were
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dismissed because they were found to be substantively similar to Plaintiff’s complaint filed
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February 9, 2010 and Plaintiff’s amended complaint filed on August 25, 2010 in the case
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1:10-cv-00208-MJS.1 In light of the duplicative nature of the instant action to several other
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previously filed actions, the Court finds that the instant action should be dismissed as
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duplicative.
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The Court also notes that Plaintiff’s com plaint in this case is also substantively sim ilar to case
1:10-00386-LJO-MJS filed March 4, 2010.
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Accordingly, the Court ORDERS that:
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Action is DISMISSED as duplicative;
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All pending motions in this action are DISMISSED as moot; and
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Clerk of Court is DIRECTED to CLOSE THE CASE.
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IT IS SO ORDERED.
Dated:
June 27, 2011
emm0d6
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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