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Williams v. Rodriguez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 20, 2010

LONNIE WILLIAMS, PLAINTIFF,
v.
P. RODRIGUEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER RESPONDING TO NOTICE TO CORRECT THE RECORD (Doc. 17.) ORDER DENYING PLAINTIFF'S REQUEST TO DISREGARD THE FIRST AMENDED COMPLAINT

Lonnie Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the original complaint on October 27, 2009. (Doc. 1.) On November 16, 2009, Plaintiff filed an amended complaint ("First Amended Complaint"). (Doc. 5.) On May 13, 2010, Plaintiff filed a notice to the court to correct the record. (Doc. 17.)

Plaintiff contends that he has never filed an amended complaint against a defendant named Edward S. Alameida, Jr., and he requests the court to disregard the First Amended Complaint, maintaining that it must have been filed by someone else. Moreover, Plaintiff maintains that he has never filed any amended complaint in this action.

The court has reviewed the record in this action and has discovered the origin of the wrongly-named defendant. In the court's orders of April 30, 2010, May 3, 2010, and May 13, 2010, the court inadvertently named Edward S. Alameida, Jr. as a defendant in the case caption appearing at the beginning of the orders. (Docs. 13, 14, 16.) In so doing, the court did not intend to represent that Plaintiff had filed an amended complaint against Edward S. Alameida, Jr. Plaintiff is correct that he has never named Edward S. Alameida, Jr. as a defendant in this action, either in the original complaint or the amended complaint. The court has corrected the case caption of this action to reflect the correct names of the defendants named by Plaintiff.

With regard to Plaintiff's contention that he has never filed any amended complaint in this action, the court has examined the record and finds a ninety-one-page First Amended Complaint filed November 16, 2009, by Plaintiff Lonnie Williams against defendants P. Rodriguez, the California Department of Corrections and Rehabilitation, Darrell Adams, A. Rivas, B. Sanders, D. Hill, M.J. Cisneros, D.L. De'Azevedo, and other named defendants, for failure to protect plaintiff and for subjecting plaintiff to arsenic poisoning. (Doc. 5.) The First Amended Complaint appears to be written in the same distinctive handwriting used by Plaintiff in the original complaint and other case documents, and to contain Plaintiff's distinctive signature. With this evidence on the record, Plaintiff's request for the court to disregard the First Amended Complaint shall be denied. The court shall send Plaintiff a portion of the First Amended Complaint for his review.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request for the court to disregard the First Amended Complaint is DENIED; and

2. The Clerk is DIRECTED to send to Plaintiff copies of the first five pages of the First Amended Complaint filed on November 16, 2009 (Doc. 5.).

IT IS SO ORDERED.

20100520

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