Opinion
23-cv-01598-JSW
08-31-2023
ALVIN DALTON, Plaintiff, v. M. VOTARI, Defendant.
ORDER VACATING ORDER OF DISMISSAL WITH LEAVE TO AMEND; OF DISMISSAL
JEFFREY S. WHITE, United States District Judge
Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 28 U.S.C. § 2254. The complaint was dismissed with leave to amend. (ECF No. 7.) It has come to the Court's attention that the claims are duplicative of the claims in Plaintiffs earlier-filed case, which is now pending; Plaintiff sues the same Defendant on the same grounds based upon the same incidents. Compare ECF No. 1 and ECF No. 1 in Dalton v. Votari, No. C 21-10032 JSW (PR). There is no need to have two cases addressing the same claims. Accordingly, the order of dismissal with leave to amend (ECF No. 7) is VACATED and this case is DISMISSED as duplicative. Plaintiff's claims will be adjudicated in his earlier-filed case.
The Court's reasoning in the order of dismissal with leave to amend (ECF No. 7) was rejected by the Ninth Circuit in its remand order in Plaintiff's prior case, see Dalton v. Votari, No. C 21-10032 JSW (PR) (ECF No. 11).
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.