Langston v. Fox et al

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/19/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER LANGSTON,

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Plaintiff,

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No. 2:16-cv-1912 KJN P

v.

FINDINGS AND RECOMMENDATIONS

WARDEN ROBERT A. FOX, 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 August 12, 2016. The court’s own records reveal that on July 13, 2015, plaintiff filed a

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complaint containing virtually identical allegations. (2:15-cv-1500 CMK P).1 Although the

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pages of the complaint are not in the same order, the pages of the complaint filed herein appear

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identical to those filed in the previous case, with the exception that plaintiff crossed out the older

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signature date and wrote in “August 2, 2016,” and crossed out one of the paragraphs on page 7.

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(ECF No. 1 at 6, 7.) Due to the duplicative nature of the present action, the court recommends

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that the complaint be 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
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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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IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ.
P. 41(b).
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: August 19, 2016

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