Quair
Quair v. Garratt
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID S QUAIR, Case No. 19-cv-08420-JD Plaintiff,
ORDER DISMISSING
v. COMPLAINT STEPHANIE GARRATT, et al., ll Defendants.
Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. 14 || He has been granted leave to proceed in forma pauperis. A review of the complaint indicates that || plaintiff seeks relief regarding his underlying conviction and sentence on April 6, 2018, with a 16 || respect to a 39-month plea agreement. Court records indicate that plaintiff recently filed a habeas case regarding this same conviction, Quair v. Gastelum, Case No. 20-0179 YGR. Because 18 || plaintiff has filed a habeas case challenging his conviction, this civil rights action is dismissed as duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). The 20 || Clerk is requested to close this case. IT IS SO ORDERED. 22 || Dated: January…