(PC) Bradway v. Rao ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIEL J. BRADWAY, No. 2: 21-cv-0059 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 DR. YASHODARA RAO, 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding pro se. On January 12, 2021, defendant removed 18 this action to this court from the San Joaquin County Superior Court. 19 The court’s own records reveal that on June 12, 2020, plaintiff filed a first amended 20 complaint in 2:20-cv-436 JAM KJM P containing virtually identical allegations.1 Due to the 21 duplicative nature of the present action, the court will recommend that the complaint be 22 dismissed. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 24 a district judge to this case; and 25 //// 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 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 2 | P.41(b). 3 These findings and recommendations are submitted to the District Judge assigned to this 4 | case pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days after being served 5 | with these findings and recommendations, plaintiff may file written objections with the court. 6 | The document should be captioned “Objections to Magistrate Judge’s Findings and 7 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 8 | may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 9 | Cir. 1991). 10 | Dated: January 22, 2021 Aectl Aharon 12 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 13 14 Brad59.dis 15 16 17 18 19 20 21 22 23 24 25 26 27 28