(PS) Bledsoe v. Martinez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNELL BLEDSOE, No. 2:19-cv-02349-TLN-CKD PS 12 Plaintiff, 13 v. ORDER & FINDINGS AND RECOMMENDATIONS 14 GUILIANI, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se. Plaintiff’s complaint was filed with 18 the court on November 20, 2019. The court’s records reveal that on October 5, 2018, plaintiff 19 filed a complaint containing virtually identical allegations. (2:18-cv-02710-KJN).1 Due to the 20 duplicative nature of the present action, the court will vacate its order directing the United States 21 Marshal to serve the first amended complaint and recommend that the complaint be dismissed. 22 Accordingly, IT IS HEREBY ORDERED that: (1) the order directing service (ECF No. 8) 23 is VACATED; and (2) the Clerk of Court shall serve a copy of this order on the United States 24 Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030. 25 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 prejudice. See Fed. R. Civ. P. 41(b). 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 These findings and recommendations are submitted to the District Judge assigned to this 2 || case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served 3 || with these findings and recommendations, plaintiff may file written objections with the court. 4 | The document should be captioned “Objections to Magistrate Judge’s Findings and 5 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 || may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 | Cir. 1991). 7) ) a yf 8 || Dated: January 24, 2020 ( WN A Kt le ly —, ? CAROLYNK.DELANEY © 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 || 15 bledsoe2349.f&r.dismiss 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28