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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW WALTERS, 12 Plaintiff, 13 14 No. 2:15-cv-0824 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS DAVID A. MASON, et al., 15 Defendants. 16 Plaintiff is a county inmate, proceeding pro se. Plaintiff’s complaint was filed with the 17 18 court on April 16, 2015. The court’s own records reveal that on April 16, 2015, plaintiff filed a 19 complaint containing virtually identical allegations. (2:15-cv-0822 CMK).1 Due to the 20 duplicative nature of the present action, the court will recommend that the complaint be 21 dismissed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 22 23 a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 24 25 P. 41(b). 26 //// 27 28 1 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 1 These findings and recommendations are submitted to the District Judge assigned to this 2 case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 3 with these findings and recommendations, plaintiff may file written objections with the court. 4 The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir. 1991). 8 Dated: April 28, 2015 9 10 11 12 13 walt0824.23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?