Walters v. Mason et al

Filing 6

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/28/15. The Clerk is directed to assign a district judge to this case. This case has been ASSIGNED to Chief Judge Morrison C. England, Jr and Magistrate Judge K endall J. Newman. The New case Number is 2:15-cv-00824 MCE KJN P. IT IS RECOMMENDED that this Action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Andrew Walters. These Findings and Recommendations are submitted to District Judge Morrison C. England, Jr. Objections to these F&R due within fourteen days.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW WALTERS,

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Plaintiff,

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No. 2:15-cv-0824 KJN P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

DAVID A. MASON, et al.,

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Defendants.

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Plaintiff is a county inmate, proceeding pro se. Plaintiff’s complaint was filed with the

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court on April 16, 2015. The court’s own records reveal that on April 16, 2015, plaintiff filed a

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complaint containing virtually identical allegations. (2:15-cv-0822 CMK).1 Due to the

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duplicative nature of the present action, the court will recommend that the complaint be

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dismissed.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign

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a district judge to this case; and
IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ.

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P. 41(b).

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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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These findings and recommendations are submitted to the District Judge assigned to this

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case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served

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with these findings and recommendations, plaintiff may file written objections with the court.

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The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: April 28, 2015

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walt0824.23

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