Colding v. Kramer et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 6/11/2007 recommending that this action be dismissed without prejudice re 1 Complaint. Objections to the F&R's are due within 20 days. (Matson, R)

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(PC) Colding v. Kramer et al Doc. 4 Case 2:07-cv-01034-FCD-KJM Document 4 Filed 06/12/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICKY COLDING, Plaintiff, vs. F. KRAMER, Warden, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed with the court on May 31, 2007. The court's own records reveal that on April 16, 2007, plaintiff filed a complaint containing virtually identical allegations against the same defendants. (No. Civ. S07-0709 LKK KJM P ).1 Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed. In accordance with the above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the District Judge assigned to this case pursuant to the provisions of 28 U.S.C. 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the FINDINGS & RECOMMENDATIONS No. CIV S-07-1034 FCD KJM P Case 2:07-cv-01034-FCD-KJM Document 4 Filed 06/12/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: June 11, 2007. /mp cold1034.23 2

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