Foley v. Bates et al Doc.

5
Case 3:06-cv-07294-PJH Document 5 Filed 12/04/2006 Page 1 of 1

1
2
3 UNITED STATES DISTRICT COURT
4 NORTHERN DISTRICT OF CALIFORNIA
5
6
7 DARRELL D. FOLEY,
8 Plaintiff, No. C 06-7294 PJH
9 v. SUA SPONTE JUDICIAL
REFERRAL FOR PURPOSE
10 TOM BATES, et al., OF DETERMINING RELATIONSHIP
United States District Court

11 Defendants.
_______________________________/
For the Northern District of California

12
13 On November 27, 2006, plaintiff filed an application to proceed with the above-
14 referenced action in forma pauperis (“IFP”) pursuant to 20 U.S.C. § 1915. Concurrent with
15 the filing of plaintiff’s application and complaint, plaintiff also filed a Notice of Related Case,
16 indicating that the newly-filed action may be related to an earlier-filed action brought by
17 plaintiff, Foley v. Brady et al., C 06-3888 JSW.
18 Based upon the court’s review, it appears that plaintiff has failed to file his Notice of
19 Related Case in the earlier-filed action, as required by Civil Local Rule 3-12(b).
20 Accordingly, and in order for the relationship between both cases to be properly
21 determined, the court makes this sua sponte judicial referral, for determination by the
22 earlier-assigned Judge as to whether the cases are related.
23
24 IT IS SO ORDERED.
25 Dated: December 4, 2006
______________________________
26 PHYLLIS J. HAMILTON
United States District Judge
27
28

Dockets.Justia.com