White v. Rasmussen, et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 7/24/07 recommending that this action be dismissed without prejudice. Objections to F&R's due w/in 20 days. (Cayo, A)

(PC) White v. Rasmussen, et al

Doc. 5

Case 2:07-cv-01341-GEB-JFM

Document 5

Filed 07/25/2007

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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
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BERNARD ANDREW WHITE, Plaintiff, vs. C/O RASMUSSEN, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se. On July 9, 2007, the United States District Court for the Central District of California transferred plaintiff's May 1, 2007 complaint to this court. This court's own records reveal that on June 20, 2007, plaintiff filed a complaint containing virtually identical allegations against the same defendants. (No. Civ. S-07-1218 LKK GGH 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 FINDINGS & RECOMMENDATIONS No. CIV S-07-1341 GEB JFM P

Case 2:07-cv-01341-GEB-JFM

Document 5

Filed 07/25/2007

Page 2 of 2

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served with these findings and recommendations, plaintiff may file written objections with the 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: July 24, 2007.

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