Cardona v. Walker et al

Filing 6

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/27/09 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. ASSIGNED and REFERRED to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 20 days. The new case number is 2:09-cv-1976 FCD DAD (PC).(Yin, K)

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
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELECIO M. CARDONA, Plaintiff, vs. JAMES WALKER, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed with the court on July 10, 2009. The court's own records reveal that on June 4, 2009, plaintiff filed a complaint containing virtually identical allegations against the same defendants. (No. Civ. S-091537 CMK P ).1 Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed. IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). ORDER AND FINDINGS AND RECOMMENDATIONS No. CIV S-09-1976 DAD P

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DAD:9:kly card1976.23

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 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 27, 2009.

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