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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDER DELGADO, 12 Plaintiff, 13 14 No. 2:16-cv-2954 AC P v. ORDER CDCR, et al., 15 Defendants. 16 Plaintiff is a state prisoner at High Desert State Prison who proceeds pro se with this civil 17 18 rights action filed pursuant to 42 U.S.C. § 1983, and request to proceed in forma pauperis. 19 Plaintiff has consented to the jurisdiction of the undersigned Magistrate Judge for all purposes 20 pursuant to 28 U.S.C. § 636(c), and Local Rule 305(a). See ECF No. 4. 21 The court’s own records1 reveal that the instant complaint contains identical allegations to 22 those pursued by plaintiff in a prior action filed in this court. See Delgado v. Santana et al., Case 23 No. 2:14-cv-00634 CMK P, ECF No. 13 (First Amended Complaint). The prior case reached a 24 stipulated settlement which plaintiff continues to contest. See id., ECF Nos. 27 et seq. In the 25 1 26 27 28 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). 1 1 present action, plaintiff asserts that he was “coerced to dismiss” his prior action and has 2 resubmitted it “with the hopes of having this action properly processed.” See ECF No. 1 at 8. 3 Plaintiff must pursue these contentions in Delgado v. Santana et al., Case No. 2:14-cv-00634 4 CMK P. Due to the duplicative nature of plaintiff’s actions, the instant action must be dismissed. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. This action is dismissed with prejudice because duplicative, see Fed. R. Civ. P. 41(b); 7 8 9 and 2. Plaintiff’s request to proceed in forma pauperis, ECF No. 5, is denied as moot. DATED: September 18, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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