Cole v. Guillen et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 10/20/2015 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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ODDIS VERMONT COLE,

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Plaintiff,

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No. 2:15-cv-2095 KJN P

v.

ORDER

F. GUILLEN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. Plaintiff consented to proceed before the

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undersigned (ECF No. 1 at 4) for all purposes. See 28 U.S.C. § 636(c). Plaintiff’s four page

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complaint was signed on July 15, 2015, and filed in the Northern District of California on July 27,

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2015. The court’s own records reveal that on June 17, 2015, plaintiff signed a four page

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complaint, filed in the Northern District on June 29, 2015, containing virtually identical

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allegations. (Case No. 2:15-cv-1613 GEB DAD).1 Both cases were subsequently transferred to

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the Eastern District. Due to the duplicative nature of the present action, the court will dismiss the

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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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complaint. Accordingly, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice. See Fed. R. Civ. P. 41(b).

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Dated: October 20, 2015

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/cole2095.23

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