(PC) Muhammad v. Amaral et al

Filing 34

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
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANSAR EL MUHAMMAD,

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No. 2: 20-cv-0069 WBS KJN P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

KOURTNEE AMARAL, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On October 22, 2020, the undersigned

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referred this action to the Post-Screening ADR Project and stayed this action for 120 days. (ECF

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No. 30.) For the reasons stated herein, the stay is lifted and the undersigned recommends that this

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action be dismissed.

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Plaintiff’s complaint was filed with the court on January 9, 2020. (ECF No. 1.) This

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action proceeds on the amended complaint filed August 10, 2020 against defendant Kourtnee

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Amaral. (ECF No. 15.) Plaintiff alleges that defendant Amaral violated his Eighth Amendment

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right to adequate medical care and state law by failing to treat his broken hand on or around

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August 2018. (Id.)

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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

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Case 2:20-cv-00069-WBS-KJN Document 34 Filed 11/16/20 Page 2 of 2
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KJM CKD P.1 Due to the duplicative nature of the present action, the court will recommend that

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this action be dismissed. Plaintiff shall proceed with his claims against defendant Amaral in

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2:19-cv-1289 KJM CKD P.

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Accordingly, IT IS HEREBY ORDERED that the stay in this action is lifted; and

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IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ.

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P. 41(b).

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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 days after being served

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with these findings and recommendations, plaintiff may file written objections with the court.

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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: November 13, 2020

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Muh60.dup
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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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