Polk v. Gray et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/22/2015 DISMISSING this action without prejudice. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERMAN MONROE POLK,

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Plaintiff,

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No. 2:15-cv-0471 CKD P

v.

ORDER

DIANE GRAY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the

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court on March 2, 2015. Records attached to the complaint indicate that plaintiff has a nearly-

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identical action pending in the U.S. District Court for the Northern District of California, Polk v.

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Gary, No. 14-cv-04375 KAW (N.D. Cal.), which he filed last year. (ECF No. 1 at 34-39.) The

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court has confirmed that this action is still pending in the Northern District.1
Plaintiff has consented to the jurisdiction of a Magistrate Judge to conduct all proceedings

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in this case. (ECF No. 6.) Due to the duplicative nature of the present action, the court will

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dismiss it.

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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).
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In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed

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without prejudice. See Fed. R. Civ. P. 41(b).

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Dated: April 22, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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