OVERTON v. WARDEN ASSOC. CLASSIFICATION COM. EN BANC

DALE DROZD, Magistrate Judge

Plaintiff is a state prisoner proceeding pro se. On October 14, 2011, this case was opened with plaintiff's initial filing, a document styled, "Notice Of Motion Motion For Summon's [sic] And Complaint, in This Cause of Action Summary Judgment pursuant To F.R.C.P. Rule 56." (Doc. No. 1.) The court's records reveal that plaintiff also has a pending civil rights action,Overton v. Assoc. Warden Business Service, CIV S-10-2955 MCE DAD P. In that earlier filed case, plaintiff was granted leave to file a second amended complaint on October 4, 2011. Because both cases concern allegations regarding a prison rules violation charge brought against plaintiff for over-familiarity with staff and the loss of plaintiff's personal property, it appears that plaintiff's notice of motion and motion for summons and complaint should have been filed in CIV S-10-2955 MCE DAD P.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to place a copy of plaintiff's October 14, 2011 document styled, "Notice Of Motion Motion For Summon's [sic] And Complaint, in This Cause of Action Summary Judgment pursuant To F.R.C.P. Rule 56" (Doc. No. 1) in case number CIV S-10-2955 MCE DAD P with the filing date of October 14, 2011; and

2. This action is administratively closed.

DATED: November 2, 2011.