Opinion
No. C-01-0566 PJH
February 15, 2001
ORDER
TO THE PARTIES AND THE CLERK OF THE COURT:
Plaintiff filed this action on February 5, 2001. The court has reviewed the complaint, and finds that it should be interpreted as a notice of appeal of case No. C-00-4734 MMCI in which judgment of dismissal was entered on January 18, 2001. Accordingly, the clerk is directed to close the file of this case, which is hereby DISMISSED, and to process plaintiff's notice of appeal in the earlier-filed case.
In addition, the docket indicates that plaintiff paid a filing fee of $150.00 when the "Complaint" in this case was filed and the new case number was assigned (Receipt No. 3318812). The clerk is hereby directed to refund the full amount of the filing fee to plaintiff.