Opinion
Case No. 1:15-cv-01116-RRB
11-17-2015
JON L. NYLAND, Plaintiff, v. CALAVERAS COUNTY SHERIFF'S JAIL, Defendant.
ORDER DENYING MOTION AT DOCKET 6 and DISMISSING COMPLAINT
Plaintiff Jon L. Nyland, a California state prisoner appearing pro se and in forma pauperis, brings this action civil rights action under 42 U.S.C. § 1983 against the Calaveras County Sheriff's Jail. Also pending before the Court at Docket 6 is a Motion to Add Defendants by Name Employed by Calaveras County Jail.
The gravamen of Nyland's complaint is that officials of the Calaveras County Jail are opening his legal mail. The records of this Court indicate that Nyland has pending in this Court an action entitled Nyland v. Lynch, Case No. 1:15-cv-00886-DLB. As relief in tis case Nyland seeks dismissal of the pending complaint in that case. A review of the file in that case indicates that Nyland has raised the same issue in his Amended Civil Rights Complaint filed therein.
The Court takes judicial notice of the file in that case. Fed. R. Evid. 201.
Case No. 1:15-cv-00886-DLB (PC), Docket 16. The Court notes that Nyland requests as an alternative that this case be consolidated with that case.
There being another action pending in this Court in which Nyland seeks the same relief from the same parties, this action will be dismissed as duplicative. Moreover, inasmuch as Nyland seeks dismissal of the pending lawsuit, the appropriate procedure is to bring a motion in that case. Accordingly, the Complaint on file herein is hereby DISMISSED without prejudice to Nyland's right to seek appropriate relief in Nyland v. Lynch, Case No. 1:15-cv-00886-DLB.
See Cato v. United States, 70 F.3d 1103, 1005 n.2 (9th Cir. 1995). --------
The Motion to Add Defendants by Name Employed by Calaveras County Jail at Docket 6 is hereby DENIED as moot.
The Clerk of the Court is directed to enter judgment accordingly.
IT IS SO ORDERED this 17th day of November, 2015
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE