(PC) Muhammad v. Amaral et al
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/13/20 LIFTING the STAY of this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
Case 2:20-cv-00069-WBS-KJN Document 34 Filed 11/16/20 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ANSAR EL MUHAMMAD,
No. 2: 20-cv-0069 WBS KJN P
ORDER AND FINDINGS AND
KOURTNEE AMARAL, et al.,
Plaintiff is a state prisoner, proceeding pro se. On October 22, 2020, the undersigned
referred this action to the Post-Screening ADR Project and stayed this action for 120 days. (ECF
No. 30.) For the reasons stated herein, the stay is lifted and the undersigned recommends that this
action be dismissed.
Plaintiff’s complaint was filed with the court on January 9, 2020. (ECF No. 1.) This
action proceeds on the amended complaint filed August 10, 2020 against defendant Kourtnee
Amaral. (ECF No. 15.) Plaintiff alleges that defendant Amaral violated his Eighth Amendment
right to adequate medical care and state law by failing to treat his broken hand on or around
August 2018. (Id.)
The court’s own records reveal that on April 22, 2020, plaintiff filed an amended
complaint containing virtually identical allegations against defendant Amaral in 2:19-cv-1289
Case 2:20-cv-00069-WBS-KJN Document 34 Filed 11/16/20 Page 2 of 2
KJM CKD P.1 Due to the duplicative nature of the present action, the court will recommend that
this action be dismissed. Plaintiff shall proceed with his claims against defendant Amaral in
2:19-cv-1289 KJM CKD P.
Accordingly, IT IS HEREBY ORDERED that the stay in this action is lifted; and
IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ.
These findings and recommendations are submitted to the District Judge assigned to this
case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served
with these findings and recommendations, plaintiff may file written objections with the court.
The document should be captioned “Objections to Magistrate Judge’s Findings and
Recommendations.” Plaintiff is advised that failure to file objections within the specified time
may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th
Dated: November 13, 2020
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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