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Michael Thomas, Sr v. Mercy Hospital

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 27, 2012

MICHAEL THOMAS, SR.,
PLAINTIFF,
v.
MERCY HOSPITAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER STRIKING DOCUMENT 18 AND ORDERING CLERK OF COURT TO OPEN NEW ACTION

Plaintiff Michael Thomas, Sr., ("Plaintiff"), a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"), is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on July 1, 2011. The complaint, which has not yet been screened pursuant to 28 U.S.C. § 1915A(a), appears to relate to an alleged beating by Correctional Officers at Mercy Hospital.

On January 10, 2012, Plaintiff submitted a letter to the Clerk along with an attached complaint. The letter references the case number for this action, but explains that he filed a "Valley Fever Case" that never received a case number. The documents were filed into this action.

Review of the January 10, 2012, filing, however, reveals that Plaintiff intended the attached complaint to be a separate action. Indeed, the complaint references different defendants and different claims than those at issue in this action.

Accordingly, the Clerk of Court is DIRECTED to STRIKE Document 18 and file it into a new action.

IT IS SO ORDERED.

20120227

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