Opinion
23-cv-05168-JSW
01-29-2024
GIRARD FLYNN, Plaintiff, v. YAO COHEN MORGEN, et al., Defendants.
ORDER OF DISMISSAL
JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
Plaintiff is a California prisoner proceeding pro se. The complaint in this case is an exact duplicate of the complaint now pending in the lower-numbered case, Flynn v. Morgen, et al., No. C 23-5083 KAW (PR). The complaint in this case is a photocopy of the original complaint in the earlier case, and Plaintiff indicates he wants to only proceed with one case (see ECF No. 6 (“I need all my papers together”)). Therefore, the Court finds that this case was inadvertently opened as a second case. Accordingly, this case is DISMISED as opened in error, the IFP application is DENIED, and no fee is due.
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.