(PC) Chappa v. Vangerwin ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY CHAPPA, No. 2:20-cv-0413 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 VANGERWIN, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate, proceeding pro se. Plaintiff’s complaint was filed with 18 the court on February 24, 2020. As discussed in this court’s initial screening order issued 19 concurrently herewith, the court’s own records reveal that on February 20, 2020, plaintiff filed a 20 complaint containing virtually identical allegations concerning the use of excessive force by 21 defendants Vangerwin and McQuillan at the Shasta County Jail on July 19, 2019. Chappa v. 22 Shasta County Sheriff, Case No. 2:20-cv-0379 AC P (E.D. Cal.).1 Plaintiff included such 23 allegations in the first cause of action set forth in his original complaint filed herein. (ECF No. 24 1.) Due to the duplicative nature of plaintiff’s first claim, the court recommends that plaintiff’s 25 first cause of action be dismissed as duplicative of his prior action, Case No. 2:20-cv-0379 AC P. 26 //// 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 the Court is directed to assign 2 | adistrict judge to this case; and 3 IT IS RECOMMENDED that the first cause of action in plaintiffs original complaint 4 | (ECF No. | at 3) be dismissed from this action without prejudice. See 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)(1). Within thirty 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: March 30, 2020 ° /chap0413.23 Fe . Le Nowra 14 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28