Crosswhite v. Schwazenegger et al

Filing 3

ORDER AND FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Kimberly J. Mueller on 7/22/10, ORDERING that pltf's 2 ifp motion is GRANTED; and RECOMMENDING that this action be dismissed with prejudice. Case referred to Judge England. Within 14 days after being served with these f&r's, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)

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(PS) Crosswhite v. Schwazenegger et al Doc. 3 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 vs. ARNOLD SCHWARZENEGGER, Defendant. / Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 28 U.S.C. 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 72-302(c)(21). Plaintiff has submitted the affidavit required by 1915(a) showing that plaintiff is unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. 1915(a). In this action, plaintiff raises a claim arising out of his incarceration. The allegations in the complaint are virtually identical to the allegations in Crosswhite v. Schwarzenegger, CIV S-10-409 JAM KJM PS. This action is therefore duplicative of plaintiff's previously filed action, which is still pending. The court will therefore recommend this action be dismissed with prejudice. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN CROSSWHITE, Plaintiff, No. CIV S-10-1809 MCE KJM PS ORDER AND FINDINGS AND RECOMMENDATIONS 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 26 006 crosswhite.dup Accordingly, IT IS HEREBY ORDERED that plaintiffs' request to proceed in forma pauperis is granted; and IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a 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 22, 2010. 2

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