(PC) Roland T. Koch v. Price ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROLAND THOMAS KOCH, Case No. 1:19-cv-01082-JDP 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS CASE BE DISMISSED AS 13 v. DUPLICATIVE OF CASE 1:18-cv-01693-DAD- SAB 14 BRANDON PRICE, OBJECTIONS DUE IN FOURTEEN DAYS 15 Defendant. ORDER ASSIGNING THE CASE TO A 16 DISTRICT JUDGE 17 18 19 Plaintiff Roland Thomas Koch is a civil detainee proceeding without counsel and without 20 prepayment of fees in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff’s 21 complaint, ECF No. 1, is before the court for screening under 28 U.S.C. § 1915(e). Plaintiff 22 alleges that the conditions of his confinement and the confiscation of his personal property at 23 Coalinga State Hospital violate his federal rights. Because this complaint is duplicative of a 24 previously filed action, I order that the clerk’s office assign this case to a district judge and I 25 recommend that the case be dismissed. 26 “Plaintiffs generally have ‘no right to maintain two separate actions involving the same 27 subject matter at the same time in the same court and against the same defendant.’” Adams v. 28 1 | California Dep’t of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007) (quoting Walton v. Eaton 2 | Corp., 563 F.2d 66, 70 (3d Cir. 1977) (en banc)). In assessing duplicative lawsuits, “we examine 3 | whether the causes of action and relief sought, as well as the parties or privies to the action, are 4 | the same.” Jd. at 689. The causes of action, relief sought, and parties here do not significantly 5 | differ from those in Koch vy. Price, et al., No. 1:18-cv-01693-DAD-SAB. I therefore recommend 6 | that this case be dismissed as duplicative and that the clerk be directed to close the case. 7 This recommendation will be submitted to the district judge assigned to the case, pursuant 8 | to28 U.S.C. § 636(b)(). Within fourteen days of being served with this recommendation, 9 | plaintiff may file written objections. Those objections should be captioned “Objections to 10 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 | objections within the specified time may result in the waiver of rights on appeal. See Wilkerson v. 12 | Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014). 13 4 IT IS SO ORDERED. 15 ( Caan Dated: _ November 27, 2019 16 UNI STATES MAGISTRATE JUDGE 17 18 19 | No. 205. 20 21 22 23 24 25 26 27 28