McCamey v. Safeway Stores, Inc.

Northern District of California, cand-4:2014-cv-04138

ORDER DIRECTING CLERK TO OPEN NEW ACTION (re {{9}}, {{10}}). Signed by Judge Claudia Wilken on 1/7/2015.

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 ROYALTON MCCAMEY, 5 Case No. 14-cv-04138-CW Plaintiff, 6 v. ORDER DIRECTING CLERK TO OPEN 7 NEW ACTION SAFEWAY STORES, INC., 8 Re: Dkt. Nos. 9, 10 Defendant. 9 10 11 On October 27, 2014, this civil rights case was dismissed 12 because Plaintiff had not paid the filing fee or filed a Northern District of California United States District Court 13 completed application to proceed in forma pauperis (IFP). Dkt. 14 no. 7. The dismissal was without prejudice to Plaintiff's re- 15 filing another complaint with a completed IFP application. 16 On November 28, 2014, Plaintiff filed another complaint with 17 a completed IFP application. Dkt. nos. 9, 10. However, the 18 Clerk of the Court filed the complaint and IFP application in 19 this case instead of opening a new action. Therefore, the Clerk 20 of the Court is directed to remove docket numbers 9 and 10 from 21 this case and to file them in a new action with a new case 22 number. The new case shall be reassigned at random to a new 23 judge. 24 IT IS SO ORDERED. 25 Dated: January 7, 2015 26 __________________________________ CLAUDIA WILKEN 27 United States District Judge 28