Delgado v. CDCR et al

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 9/18/2017 DISMISSING this action with prejudice because duplicative and DENYING as moot plaintiff's 5 request to proceed IFP. 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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ALEXANDER DELGADO,

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Plaintiff,

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No. 2:16-cv-2954 AC P

v.

ORDER

CDCR, et al.,

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Defendants.

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Plaintiff is a state prisoner at High Desert State Prison who proceeds pro se with this civil

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rights action filed pursuant to 42 U.S.C. § 1983, and request to proceed in forma pauperis.

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Plaintiff has consented to the jurisdiction of the undersigned Magistrate Judge for all purposes

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pursuant to 28 U.S.C. § 636(c), and Local Rule 305(a). See ECF No. 4.

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The court’s own records1 reveal that the instant complaint contains identical allegations to

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those pursued by plaintiff in a prior action filed in this court. See Delgado v. Santana et al., Case

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No. 2:14-cv-00634 CMK P, ECF No. 13 (First Amended Complaint). The prior case reached a

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stipulated settlement which plaintiff continues to contest. See id., ECF Nos. 27 et seq. In the

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This court may take judicial notice of its own records and the records of other courts. See
United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631
F.2d 118, 119 (9th Cir. 1980); see also Fed. R. Evid. 201 (court may take judicial notice of facts
that are capable of accurate determination by sources whose accuracy cannot reasonably be
questioned).
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present action, plaintiff asserts that he was “coerced to dismiss” his prior action and has

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resubmitted it “with the hopes of having this action properly processed.” See ECF No. 1 at 8.

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Plaintiff must pursue these contentions in Delgado v. Santana et al., Case No. 2:14-cv-00634

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CMK P. Due to the duplicative nature of plaintiff’s actions, the instant action must be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is dismissed with prejudice because duplicative, see Fed. R. Civ. P. 41(b);

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and
2. Plaintiff’s request to proceed in forma pauperis, ECF No. 5, is denied as moot.
DATED: September 18, 2017

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