Opinion
1:21-cv-01016-EPG (PC)
06-30-2021
RICHARD WILLIAMS, Plaintiff, v. MICHAEL FREEMAN, et al., Defendants.
ORDER DIRECTING CLERK TO FILE SECOND AMENDED COMPLAINT (ECF NO. 1) IN CASE NO. 1:21-CV-00090 AND TO ADMINISTRATIVELY CLOSE THE INSTANT CASE AS OPENED IN ERROR
Richard Williams (“Plaintiff”') is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action was filed on June 28, 2021. (ECF No. 1). However, it appears that this case was opened in error. Plaintiff's complaint states that it is a “Second Amended Complaint.” (ECF No. 1, p. 1). Additionally, in the Second Amended Complaint, Plaintiff refers to Williams v. Kelso, E.D. CA, 1:21-cv-00090, and states that this “case is pending on Court order to file this Second Amended Complaint.” (Id. at 2). It appears that the Clerk of Court docketed this as a new case because Plaintiff failed to put the case number on his Second Amended Complaint.
Plaintiff is reminded that he must include the appropriate case number on all of his filings.
As it appears that this action was opened in error, the Court will direct the Clerk of Court to correct this administrative error by filing Plaintiff's Second Amended Complaint in Williams v. Kelso, 1:21-cv-00090, and closing this incorrectly-opened new case.
Plaintiff is informed that he should continue to respond to orders issued in Case No. 1:21-cv-00090 regarding the claims raised in his complaint. That case remains open at this time and is not affected by this order . In addition, Plaintiff will not be charged the filing fee for this incorrectly-opened case.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of Court shall file the Second Amended Complaint (ECF No. 1) in Case No. 1:21-cv-00090; and
2. The Clerk of Court shall ADMINISTRATIVELY CLOSE Case No. 1:21-cv-01016.
IT IS SO ORDERED.