Callender v. Ramm et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/6/18 RECOMMENDING that this action be Dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VINCENT ANTHONY CALLENDER,
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No. 2:17-cv-0271 JAM AC P
Plaintiff,
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v.
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J. RAMM, et al.,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner proceeding pro se. The complaint in this case was filed with
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the court on February 3, 2017. However, the court’s own records reveal that on April 1, 2016,
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plaintiff filed another complaint containing virtually identical allegations.1 That case, Callender
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v. Ramm et al., Case No. 2:16-cv-0694 JAM AC P, is proceeding on the merits of a First
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Amended Complaint. Due to the duplicative nature of the present action, the undersigned will
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recommend that this case be dismissed.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
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prejudice. See Fed. R. Civ. P. 41(b).
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A 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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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 (14) days after being
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served with these findings and recommendations, plaintiff may file written objections with the
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court. 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: December 6, 2018
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