Shareef v. Alford, No. 1:2009cv01014 - Document 2 (E.D. Tex. 2010)

Court Description: MEMORANDUM OPINION and Order. The above-styled action should be dismissed without prejudice as improvidently filed. The complaint in this action should be filed as an amended complaint in civil action # 1:09cv86, styled Shareef v. Alford. A final judgment will be entered in accordance with this memorandum. Signed by Judge Thad Heartfield on 1/5/2010. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION SULTAN SALAAM SHAREEF § VS. § WARDEN ALFORD § CIVIL ACTION NO. 1:09cv1014 MEMORANDUM OPINION AND ORDER Plaintiff Sultan Salaam Shareef, formerly an inmate at the LeBlanc Unit, proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. Discussion Plaintiff filed the complaint in this action on the standardized complaint form used for filing a complaint pursuant to 42 U.S.C. § 1983. A review of case filings, however, reveals that plaintiff has another civil action, styled Shareef v. Alford, civil action no. 1:09cv86, currently pending before the court. Further, on December 3, 2009, the Clerk was ordered to provide plaintiff with a complaint form, and plaintiff was ordered to complete the form and return it to the court within thirty (30) days. Thus, it appears plaintiff's pleading, filed as an original complaint in this case, was actually his attempt to comply with the court's order of December 3, 2009 in civil action no. 1:09cv86. Accordingly, the above-styled action should be dismissed as improvidently filed. ORDER For the foregoing reasons, the above-styled action should be dismissed without prejudice as improvidently filed. The complaint in this action should be filed as an amended complaint in civil action no. 1:09cv86, styled Shareef v. Alford. It is therefore ORDERED that the Clerk of Court is DIRECTED to file the document filed as the original complaint in this action as an amended complaint in civil action no. 1:09cv86, styled Shareef v. Alford. A final judgment will be entered in accordance with this memorandum. SIGNED this the 5 day of January, 2010. ____________________________ Thad Heartfield United States District Judge

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