Opinion
3:09-cv-00473-RCJ-VPC.
October 20, 2010
ORDER
This is a pro se prisoner civil rights complaint filed pursuant to 42 U.S.C. § 1983. On September 3, 2009, plaintiff submitted an amended civil rights complaint. (Docket #4). By order filed March 26, 2010, the Court granted plaintiff's application to proceed in forma pauperis. (Docket #8). On April 7, and April 21, 2010, plaintiff filed letters informing the Court that he already has a civil rights lawsuit against defendant McDaniel, at case number 3:09-cv-00731-HDM-RAM, and that he did not intend to file another lawsuit regarding the same allegations. Court records indicate that plaintiff does indeed have another lawsuit under the case number 3:09-cv-00731-HDM-RAM, alleging the same facts as this action. The lawsuit in 3:09-cv-00731-HDM-RAM is currently proceeding. It appears that the instant action was opened in error by the Clerk of Court. Because plaintiff is litigating his claims in case number 3:09-cv-00731-HDM-RAM, the instant action will be dismissed. In addition, the order granting in forma pauperis status in the instant action will be vacated, as this action was opened in error.
IT IS THEREFORE ORDERED that the order granting in forma pauperis status in this action (Docket #8) is VACATED. Plaintiff is not responsible for paying the initial partial filing fee for this action or future installment payments of the filing fee.
IT IS FURTHER ORDERED that the Clerk shall send a copy of this order to the attention of Albert G. Peralta, Chief of Inmate Services for the Nevada Department of Prisons, P.O. Box 7011, Carson City, NV 89702.
IT IS FURTHER ORDERED that the instant action is DISMISSED with prejudice.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly.
DATED this 19th day of October, 2010.