(HC)Viera v. Peery ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HECTOR VIERA, No. 2:19-cv-1965 AC P 12 Petitioner, 13 v. ORDER and 14 SUZANNE M. PEERY, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner is a state prisoner proceeding with counsel under 28 U.S.C. § 2254. The instant 18 petition for writ of habeas corpus was initially filed on August 13, 2019 in the United States 19 District Court for the Northern District of California. It was transferred to this district on 20 September 25, 2019. Court records reveal that petitioner had already filed an identical petition in 21 this district, containing the same allegations against the same respondents. See Case No. 2:19-cv- 22 1573 DMC P.1 Petitioner’s counsel informs the court that the instant petition was filed 23 inadvertently and acknowledges it is “identical” to the petition already pending in this district. 24 See ECF No. 6. 25 Due to the duplicative nature of the present action, the undersigned recommends its 26 dismissal. 27 1 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 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 2 | district judge to this action; and 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 4 | Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the District Judge assigned to this 6 || case pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days after being 7 || served with these findings and recommendations, any party may file written objections with the 8 || court. The document should be captioned “Objections to Magistrate Judge’s Findings and 9 | Recommendations.” Failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 | DATED: October 1, 2019 ~ 12 Chthien—Chare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28