(PC) Ruiz v. Hubbard ( 2020 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGELIO MAY RUIZ, No. 2: 19-cv-2351 KJM KJN P 12 Plaintiff, 13 v. ORDER and FINDINGS AND RECOMMENDATIONS 14 A. HUBBARD, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff’s complaint was filed with the 18 court on November 20, 2019. The court’s own records reveal that on November 20, 2019, 19 plaintiff filed a complaint containing virtually identical allegations. (2:19-cv-2350 JAM AC P.)1 20 Due to the duplicative nature of the present action, the court recommends that the complaint 21 herein be dismissed.2 22 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 23 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 24 2 The instant action and case 19-2350 allege that defendant A. Hubbard refused to file plaintiff’s complaint against Magistrate Judge Stormes. The allegations against defendant Hubbard in both 25 actions are identical. The only difference between the instant action and case 19-2350, is that in the instant action, plaintiff lists Judge Stormes as a defendant in the caption of the complaint. 26 However, Judge Stormes is not named as a defendant in the section of the complaint where 27 plaintiff identifies the defendants. (See ECF No. 1 at 2.) In addition, the complaint includes no allegations against Judge Stormes. For these reasons, it does not appear that plaintiff intends to 28 name Judge Stormes as a defendant in the instant action. However, if plaintiff did intend to name 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 2 | adistrict judge to this case; and 3 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 4 | 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)(1). Within fourteen days after being served 7 | with these findings and recommendations, plaintiff may file written objections with the court. 8 | The document should be captioned “Objections to Magistrate Judge’s Findings and 9 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 | may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 11 | Cir. 1991). 12 | Dated: January 3, 2020 8 Aectl Aharon 14 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 15 16 Ruiz2351.23 17 18 19 20 21 22 23 24 25 26 27 28 Judge Stormes as a defendant, he shall file an amended complaint in case 19-cv-2350.

Document Info

Docket Number: 2:19-cv-02351

Filed Date: 1/3/2020

Precedential Status: Precedential

Modified Date: 6/19/2024