LaFreniere v. the City of Berkeley

Full title: ZAKARIAH LaFRENIERE, Plaintiff, v. THE CITY OF BERKELEY, Defendant

Court: United States District Court, N.D. California

Date published: Feb 9, 2001

No. C-01-0032-CAL, C-01-0346-CAL (N.D. Cal. Feb. 9, 2001)

Opinion

No. C-01-0032-CAL, C-01-0346-CAL

February 9, 2001

ORDER

CHARLES A. LEGGE, United States District Judge

In case No. C-01-0032, this court issued an order on January 22, 2001 dismissing the complaint, but granting plaintiff leave to amend in order to correct the deficiencies noted in that order. The same day the order was issued, the Clerk of the Court received another complaint from plaintiff and opened file No. C-01-0346.

The complaints in both actions are virtually identical. The new complaint in No. C-01-0346 specifically names the City of Berkeley as the defendant and adds a prayer for relief. However, that new complaint is still subject to the other deficiencies described in the order of January 22, 2001.

IT IS THEREFORE ORDERED that:

1. The Clerk of the Court is to close file No. C-01-0346 as duplicative. If plaintiff wishes to proceed with this action, he is to comply with the requirements of the order of January 22, 2001.