Ables

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HAMILTON, No. 2:23-cv-0679 KJN P Plaintiff, v. ORDER L. ABLES, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On April 11, 2023, plaintiff e-filed a civil rights complaint and marked the “First Amended Complaint” box. (ECF No. 1.) However, plaintiff’s filing did not include a case number. Plaintiff’s pleading was opened as a new action and assigned case No. 2:23-cv-0679 KJN. However, the court’s own records reveal that on January 10, 2023, plaintiff filed a complaint containing virtually identical allegations. (2:23-cv- 0050 DB P).1 On April 19, 2023, plaintiff filed a copy of the amended complaint, accompanied by his notice of amendment to “avoid judicial misunderstanding.” (ECF No. 4 at 9.) The title of the filing references both case numbers, but clearly states “Notice of Amended Complaint of Case No. 2:23-cv-0050 DB.” (ECF No. 4 at 9.) After comparing the amended…