1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHARLES EDWARD ALLEN, Case No.: 21-CV-1188 JLS (JLB) CDCR # D-76353 12 ORDER DISMISSING ACTION Plaintiff, 13 v. 14

15 RALPH DIAZ, et al., 16 Defendants. 17 18 19 On June 28, 2021, Plaintiff Charles Edward Allen, a state prisoner proceeding pro 20 se, filed a civil rights action (ECF No. 1), along with a Motion to Proceed In Forma 21 Pauperis (“IFP”) (ECF No. 2). 22 Plaintiff filed a previous action involving the same claims and same defendants on 23 April 6, 2021. See Allen v. Diaz, S.D. Cal. Civil Case No. 3:21-cv-00602-LAB-RBM 24 (“Allen I”). A court “may take notice of proceedings in other courts, both within and 25 without the federal judicial system, if those proceedings have a direct relation to matters at 26 issue.” Bias v. Moynihan,

(9th Cir. 2007) (quoting Bennett v. 27 Medtronic, Inc.,

, 803 n.2 (9th Cir. 2002)). 1 In Allen I, Plaintiff's Motion to Proceed IFP was denied on June 2, 2021, because he 2 ||had not submitted a trust account statement in support of his IFP motion that included all 3 trust account activity and balances for the 6-month period preceding the filing of that 4 ||/action. See Allen I, ECF No. 5 at 3. Plaintiff was granted forty-five (45) days to file a 5 renewed Motion to Proceed IFP that complied with

(a)(2).

. 6 Plaintiff filed this action, which includes a Motion to Proceed IFP along with a trust 7 ||account statement that complies with

(a)(2), within the timeframe 8 || permitted in the June 2, 2021, Order entered in Allen I. However, Plaintiff failed to label 9 || these pleadings with the proper case number and a separate action was opened. Thus, it 10 || appears that Plaintiff did not intend to file a new action but is, in fact, responding to the 11 || Order issued on June 2, 2021 in Allen I. 12 The Clerk of the Court is DIRECTED to administratively close this matter. This 13 || matter will not constitute a “strike” for

(g) purposes. Plaintiff cautioned 14 || that in order to proceed in Allen I, he must comply with the Court’s June 2, 2021, Order 15 || and correctly label all his future filings in A//en I with the proper case number. 16 IT IS SO ORDERED. 17 Dated: July 19, 2021 . tt f Le 18 on. Janis L. Sammartino 19 United States District Judge 20 21 22 23 24 25 26 27