Opinion
No. C-11-2936 EMC (pr)
10-17-2011
TERRY LEE RIDOUT, Plaintiff, v. G. ELLIS, C.E.O., et al., Defendants.
ORDER OF DISMISSAL
This action was opened in error when the Court received from Plaintiff on different days the materials he had sent to commence a single action. He mailed a document entitled "adjacently-filed addendum in support of statement of claim" on June 7, 2011, which was filed on June 13, 2011, and resulted in Case No. C 11-2883 EMC being opened. He mailed a civil rights complaint in a separate envelope on June 8, 2011, which was filed on June 15, 2011, and resulted in this action (i.e., Case No. C-11-2936 EMC) being opened. Plaintiff later informed the Court that he only intended to file a single action. He requested that one of the actions be dismissed and that he not be charged a filing fee for it. Accordingly, this action is dismissed because it was opened in error. No filing fee is due.
The Clerk shall obtain a copy of the complaint from this action (i.e., Docket # 1 in Case No. C-11-2936 EMC), cross out the case number on the first page, and file it in Case No. C-11-2883 EMC. The Clerk shall then close the file for Case No. C-11-2936 EMC.
IT IS SO ORDERED.
EDWARD M. CHEN
United States District Judge