Johnson v. Mitchell et al
Filing
4
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/11/11 ORDERING that the 3/7/12 status conference is VACATED; this action is STAYED until the review of these F&Rs; RECOMMENDING that the action be dismissed as duplicative. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Manzer, C)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
SHEPARD JOHNSON,
11
Plaintiff,
12
13
14
vs.
CHESTER MITCHELL, et al.,
17
18
ORDER AND
Defendants.
15
16
No. CIV S-11-2629 KJM CKD PS
FINDINGS AND RECOMMENDATIONS
/
Plaintiff is proceeding in this action pro se. This proceeding was referred to this
court by Local Rule 302(c)(21).
In this action, plaintiff alleges claims arising out of a real estate development in
19
the Republic of Panama. The allegations in the complaint are virtually identical to the
20
allegations in Johnson v. Hermansen, CIV S-10-1968 GEB GGH PS, dkt. no. 80. This action is
21
therefore duplicative of plaintiff’s previously filed action, which is still pending. The court will
22
therefore recommend this action be dismissed as duplicative.
23
Accordingly IT IS HEREBY ORDERED that:
24
1. The status conference set for March 7, 2012 is vacated;
25
2. This action is stayed pending the district court’s review of these findings and
26
recommendations; and
1
1
IT IS HEREBY RECOMMENDED that this action be dismissed as duplicative.
2
These findings and recommendations are submitted to the United States District
3
Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
4
fourteen days after being served with these findings and recommendations, any party may file
5
written objections with the court and serve a copy on all parties. Such a document should be
6
captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the
7
objections shall be served and filed within ten days after service of the objections. The parties
8
are advised that failure to file objections within the specified time may waive the right to appeal
9
the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
10
Dated: October 11, 2011
11
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
12
13
14
4
15
johnson.dup
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?