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Richmond v. Burns

United States District Court, Ninth Circuit, California, S.D. California
Dec 14, 2005
05CV2132-LAB (BLM) (S.D. Cal. Dec. 14, 2005)

Opinion


CURTIS RICHMOND, Plaintiff, v. JUDGE LARRY BURNS, and CLERK OF THE COURT W. SAMUEL HAMRICK, JR., Defendant. No. 05CV2132-LAB (BLM) United States District Court, S.D. California. December 14, 2005

          ORDER SUA SPONTE DISMISSING DUPLICATIVE ACTION

          LARRY BURNS, Magistrate Judge.

         It has come to the Court's attention that the complaint plaintiff Curtis Richmond filed on November 16, 2005, assigned Case No. 05cv2132-H(LSP) and recently transferred under the low-number rule to the undersigned District Judge, is identical to the complaint he filed on November 14, 2005 as Case No. 05cv2106-BTM(RBB). By Order entered November 28, 2005, District Judge Barry Ted Moskowitz dismissed Case No. 05cv2106-BTM(RBB) with leave to amend on or before January 9, 2006, giving pro se plaintiff Richmond the opportunity to cure the multiple pleading defects identified in Judge Moskowitz's Order. This case is also dismissed for the same reasons specified by Judge Moskowitz in his order. Accordingly, the Clerk of Court is hereby instructed to dismiss this case with prejudice as duplicative of Case No. 05cv2106-BTM(RBB).

Both cases name as defendants the undersigned District Judge and Clerk of Court Samuel Hamrick, Jr. in pleadings captioned: "Petition In The Nature Of Petition To Vacate Void Judgments And A Collateral Attack Against The Listed Defendants For Violations Listed Below Under Fed. Rule 60(b) In General And Particularly Rule 60(b)(3)(4)."

         IT IS SO ORDERED.


Summaries of

Richmond v. Burns

United States District Court, Ninth Circuit, California, S.D. California
Dec 14, 2005
05CV2132-LAB (BLM) (S.D. Cal. Dec. 14, 2005)
Case details for

Richmond v. Burns

Case Details

Full title:CURTIS RICHMOND, Plaintiff, v. JUDGE LARRY BURNS, and CLERK OF THE COURT…

Court:United States District Court, Ninth Circuit, California, S.D. California

Date published: Dec 14, 2005

Citations

05CV2132-LAB (BLM) (S.D. Cal. Dec. 14, 2005)