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Harris v. Dikin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 20, 2010

DARREN HARRIS, PLAINTIFF,
v.
LTA J. DIKIN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER

Plaintiff Darren Harris ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On July 23, 2010, Plaintiff requested that this action be merged with Harris v. Harrington, No. 1:10-cv-01215-AWI-SKO.

Plaintiff intended both actions to be litigated in a single action. The document that was construed as a complaint in No. 1:10-cv-01215-AWI-SKO was intended to be a motion for a temporary restraining order in this action. The confusion arose because the motion was delivered to the Court before Plaintiff's complaint. Thus, the motion was construed as a complaint and the Clerk's Office opened an action based on the complaint. When Plaintiff's complaint arrived after the motion for a temporary restraining order, it was unclear that both documents were meant to be filed in the same action and the Clerk's Office opened a second, new action for the complaint. The Court will remedy the confusion by merging this action with No. 1:10-cv-01215-AWI-SKO. The documents filed in this action will be transferred to 1:10-cv-01215-AWI-SKO and the Clerk's Office will be directed to close this action.

Based on the foregoing, it is HEREBY ORDERED that:

1. The Clerk's Office is directed to merge the contents of the docket in this case with Harris v. Harrington, no. 1:10-cv-01215-AWI-SKO as follows:

a. The Clerk's Office is directed to re-file the complaint (Docket #1) in this action in case number 1:10-cv-01215-AWI-SKO; and

b. The Clerk's Office is also directed to re-file the documents listed as Dockets #4, 8, 9, 10, 11 in this action in case number 1:10-cv-01215-AWI-SKO.

2. The Clerk is directed to close this action.

IT IS SO ORDERED.

20100920

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