1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID S QUAIR, Case No. 19-cv-08420-JD 8 Plaintiff, ORDER DISMISSING 9 v. COMPLAINT 10 STEPHANIE GARRATT, et al., ll Defendants. 12

Plaintiff, a state prisoner, has filed a pro se civil rights complaint under

. 14 || He has been granted leave to proceed in forma pauperis. A review of the complaint indicates that 3 15 || 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 3 17 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 19 duplicative. See Adams v. Cal. Dept. of Health Services,

, 688 (9th Cir. 2007). The 20 || Clerk is requested to close this case. 21 IT IS SO ORDERED. 22 || Dated: January 23, 2020 23 24 JAMES DPNATO 25 United Stgtes District Judge 26 27 28

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 DAVID S QUAIR, 4 Case No. 19-cv-08420-JD Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE

5 STEPHANIE GARRATT, et al., Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on January 23, 2020, ISERVED a true and correct copy(ies) of the attached, by 13 = placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16

= 17 || David S Quair ID: BG0478 8 California Men's Colony Z 18 East Facility, B-3250-IL P.O. Box 8101 19 || San Luis Obispo, CA 93409-8101 20 21 Dated: January 23, 2020 22 23 Susan Y. Soong Clerk, United States District Court 25 26 By: Lisk Anak Deputy Clerk to the Honorable JAMES DONATO 28