Overton v. Assoc. Classification Committee En Banc
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/2/2011 ORDERING the clerk to place a copy of pltf's 10/14/11 document styled "Notice Of Motion & Motion For Summon's [sic] And Complaint, in This Cause of Action & Summary Judgment pursuant To F.R.C.P. Rule 56" in case no. CIV S-10-2955 MCE DAD P w/ the filing date of 10/14/11; and this action is administratively closed. CASE CLOSED. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL L. OVERTON,
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Plaintiff,
No. CIV S-11-2720 DAD P
vs.
WARDEN: ASSOC. CLASSIFICATION
COMMITTEE EN BANC,
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Defendants.
ORDER
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/
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Plaintiff is a state prisoner proceeding pro se. On October 14, 2011, this case was
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opened with plaintiff’s initial filing, a document styled, “Notice Of Motion & Motion For
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Summon’s [sic] And Complaint, in This Cause of Action & Summary Judgment pursuant To
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F.R.C.P. Rule 56.” (Doc. No. 1.) The court’s records reveal that plaintiff also has a pending
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civil rights action, Overton v. Assoc. Warden Business Service, CIV S-10-2955 MCE DAD P.
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In that earlier filed case, plaintiff was granted leave to file a second amended complaint on
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October 4, 2011. Because both cases concern allegations regarding a prison rules violation
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charge brought against plaintiff for over-familiarity with staff and the loss of plaintiff’s personal
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property, it appears that plaintiff’s notice of motion and motion for summons and complaint
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should have been filed in CIV S-10-2955 MCE DAD P.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court is directed to place a copy of plaintiff’s October 14,
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2011 document styled, “Notice Of Motion & Motion For Summon’s [sic] And Complaint, in
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This Cause of Action & Summary Judgment pursuant To F.R.C.P. Rule 56” (Doc. No. 1) in case
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number CIV S-10-2955 MCE DAD P with the filing date of October 14, 2011; and
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2. This action is administratively closed.
DATED: November 2, 2011.
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DAD:4
over2720.close
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