(PC) Harris v. Brown ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN HARRIS, No. 2:19-cv-1406 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JERRY BROWN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel.1 Plaintiff’s complaint was filed 18 with the court on July 24, 2019. The court’s own records reveal that on May 16, 2019, plaintiff 19 filed a complaint containing virtually identical allegations. (Harris v. Jerry Brown, No. 2:19-cv- 20 0311 KJM CKD P (E.D. Cal.).2 Due to the duplicative nature of the present action, the court will 21 recommend that the complaint be dismissed. 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 23 a district judge to this case; and 24 //// 25 1 Plaintiff added the names of other inmates to the caption of his complaint, but none of the other inmates signed the pleading. Fed. R. Civ. P. 11. Also, plaintiff proceeds pro se and may not file 26 claims on behalf of other individuals. Thus, this action proceeds solely as to plaintiff Harris. 27 2 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 28 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 2 | P.41b). 3 These findings and recommendations are submitted to the District Judge assigned to this 4 | case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served 5 | with these findings and recommendations, plaintiff may file written objections with the court. 6 | The document should be captioned “Objections to Magistrate Judge’s Findings and 7 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 8 || may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 9 | Cir. 1991). 10 | Dated: August 21, 2019 Arse A Abar 12 KENDALL J. NE Jharr1 406.23 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28