Taft v. Martinez
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/24/2018 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed as duplicative of Case No. 1:18-cv-0412 DAD JLT P. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BENJAMIN R. TAFT,
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Petitioner,
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No. 2:18-cv-0564 AC P
v.
ORDER and
JOEL MARTINEZ,
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FINDINGS AND RECOMMENDATIONS
Respondent.
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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filed pursuant to 28 U.S.C. § 2254. The court’s records reveal1 that the instant petition is
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duplicative of the petition filed by petitioner in Case No. 2:18-cv-0621 CKD P, which was
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transferred on venue grounds to the Fresno Division of this court and is now designated Case No.
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1:18-cv-0412 DAD JLT P.2 Due to the duplicative nature of the instant action, the undersigned
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will recommend that this action be dismissed as duplicative.3
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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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The petitions are identical with the exception that Case No. 1:18-cv-0412 DAD JLT P includes
44 additional pages of exhibits.
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This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Local Rule 302(c).
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a
district judge to this action.
Further, IT IS HEREBY RECOMMENDED that this action be dismissed as duplicative of
Case No. 1:18-cv-0412 DAD JLT P.
These findings and recommendations are submitted to the United States District Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, petitioner may file written
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objections with the court. Such document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Petitioner is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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DATED: April 24, 2018
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