Summary
acknowledging that dismissal with prejudice is appropriate "only when the aggravating factors outweigh the judicial system's strong predisposition to resolve cases on their merits"
Summary of this case from Wodiuk v. GrazianoOpinion
Civil Action No. 06-cv-02591-EWN-CBS.
February 6, 2007
ORDER
This matter comes before the court on oral notification from the clerk's office that this case was mistakenly assigned to the undersigned by random draw. An exception to the general rule that cases are assigned by random draw applies here. Specifically, local rule 40.1C.1 provides, "If the pro se plaintiff filing a new case already has a case pending or had a case terminated within 12 months of the new filing, the new case shall be assigned to the district judge who was assigned the earlier case." Plaintiff Tyrone W. Allen, proceeding pro se is also the plaintiff in case no. 06-cv-01705-PSF-CBS, currently pending before Judge Figa. In accordance with rule 40.1C.1, it is now
ORDERED that this case be transferred to Judge Figa.