(PC) Mathews v. County of Sacramento et al, No. 2:2023cv00922 - Document 13 (E.D. Cal. 2024)

Court Description: ORDER signed by Magistrate Judge Deborah Barnes on 06/04/24 VACATING 12 03/28/24 Findings and Recommendations and DIRECTING plaintiff to use the case number 23-cv-0922 KJM DB for all future filings. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES LEE MATHEWS, 12 Plaintiff, 13 v. 14 No. 2:23-cv-00922 KJM DB P ORDER COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, seeks relief 18 19 pursuant to 42 U.S.C. § 1983. On March 28, 2024, the undersigned recommended that this action 20 be dismissed for plaintiff’s failure to file an amended complaint or otherwise respond to the 21 court’s order filed on February 16, 2024. However, the court has determined that plaintiff 22 submitted a complaint which was entered as a new case on May 30, 2023, and which, instead, 23 should have been filed as plaintiff’s amended complaint in this case.1 Accordingly, the 24 undersigned will vacate the findings and recommendations to dismiss this case for failure to file 25 an amended complaint. By separate order in the other action, the undersigned will order the Clerk 26 1 27 28 The complaint was assigned case number 2:23-cv-1021-DB (E.D. Cal.) and was also entitled Mathews v. County of Sacramento, et al. The complaint did not bear the case number for this case and the boxes for both “original complaint” and “amended complaint” were checked. Plaintiff shall use the case number 23-cv-0922 for all future filings. 1 1 of the Court to file the complaint as a first amended complaint in this action. The court will screen 2 the first amended complaint in due course. 3 For the reasons set forth above, IT IS HEREBY ORDERED as follows: 4 1. The undersigned vacates the findings and recommendations to dismiss this case filed 5 6 7 on March 28, 2024 (ECF No. 12). 2. Plaintiff is directed to use the case number 23-cv-0922 for all future filings. Dated: June 4, 2024 8 9 10 DLB7 math0922.vac 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Click here to enter text., 12 13 14 No. Click here to enter text. Plaintiff, v. NOTICE OF ELECTION Click here to enter text., 15 Defendants. 16 17 Plaintiff elects to proceed as follows: 18 ______ Plaintiff opts to proceed with his [set forth cognizable claims/defendants]. ______ Plaintiff consents to dismissal of [identify noncognizable claims/defts], without prejudice. 19 20 21 OR 22 _____ Plaintiff opts to file an amended complaint and delay service of process. The proposed amended complaint is attached. 23 24 25 26 27 28 DATED: _______________________________ Plaintiff

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