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Bassett v. Cal. Departmnent of Corr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 15, 2015
No. 2:15-cv-2056 AC P (E.D. Cal. Oct. 15, 2015)

Opinion


RICHARD DEWAYNE BASSETT, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. No. 2:15-cv-2056 AC P United States District Court, E.D. California. October 15, 2015

ORDER

ALLISON CLAIRE, Magistrate Judge.

On September 30, 2015, plaintiff, a state prisoner at California State Prison-Sacramento, filed a letter addressed to the Clerk of Court. See ECF No. 1. Plaintiff has submitted no other matters in this case. In order to commence an action in this court, plaintiff must file a complaint, see Fed.R.Civ.P. 3, and pay the required filing fee or seek and obtain in forma pauperis status, see 28 U.S.C. §§ 1914(a), 1915(a). The court may not issue any orders granting or denying relief until an action has been properly commenced.

Review of the court's docket indicates that on October 1, 2015, plaintiff filed both a complaint and motion for temporary restraining order in Case No. 2:15-cv-02064 EFB P. Comparison of the allegations in that case with the allegations in plaintiff's instant letter indicates that they address nearly identical matters; it appears that the instant letter should have been filed together with plaintiff's other filings. On October 7, 2015, in Case No. 2:15-cv-02064 EFB P, the court directed plaintiff to pay the filing fee or submit an application to proceed in forma pauperis in order to proceed in that case.

This court may take judicial notice of its own records. See United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980); see also Fed.R.Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned).

Due to the duplicative nature of the present action, IT IS HEREBY ORDERED that the Clerk of Court shall:

1. Designate plaintiff's filing in the instant case, ECF No. 1, as a "Letter to the Clerk of Court;"

2. File a copy of the subject letter in Case No. 2:15-cv-02064 EFB P; and

3. Close the instant case.


Summaries of

Bassett v. Cal. Departmnent of Corr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 15, 2015
No. 2:15-cv-2056 AC P (E.D. Cal. Oct. 15, 2015)
Case details for

Bassett v. Cal. Departmnent of Corr.

Case Details

Full title:RICHARD DEWAYNE BASSETT, Plaintiff, v. CALIFORNIA DEPARTMNENT OF…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Oct 15, 2015

Citations

No. 2:15-cv-2056 AC P (E.D. Cal. Oct. 15, 2015)