Opinion
No. CIV S-11-2362-MCE-CMK.
September 12, 2011
ORDER
Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court is plaintiff's complaint (Doc. 1).
A review of the complaint reveals that it should have been filed as an amended complaint in plaintiff's related pending action against these defendants, case number 11cv1576-GEB-CMK. In plaintiff's other action, his complaint was stricken as unsigned, in contravention of Federal Rule of Civil Procedure 11, and he was ordered to file a signed complaint. It appears that the signed complaint was used to open a new action, instead of as ordered. Plaintiff is admonished that he must include the case number on any documents filed with the court.
Accordingly, the Clerk of the Court is directed to take the complaint erroneously filed in this action, and file it as an amended complaint in case number 11cv1576. This action shall then be closed as opened in error.
IT IS SO ORDERED.