(PC) Roberts v. State of CA ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ROBERTS, Case No. 2:21-cv-02400-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED AS 13 v. DUPLICATIVE 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel. His complaint, ECF No. 1, alleges 18 that he has filed several lawsuits complaining of correctional staff’s use of excessive force, but 19 his cases have been repeatedly dismissed. Court records reflect that plaintiff has filed a complaint 20 in this district that is nearly identical to the complaint in this case. See Roberts v. State of 21 California, 2:21-cv-2395-DMC (PC) (E.D. Cal.).1 Because the complaint in this action is 22 duplicative of the complaint in plaintiff’s other action, I will recommend that this action be 23 dismissed. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (holding that a 24 complaint that “merely repeats pending or previously litigated claims” may be dismissed as 25 frivolous under the authority of 28 U.S.C. § 1915). 26 27 1 Plaintiff’s other case was transferred Fresno division of this district, where it remains 28 pending. See Roberts v. State of California, 1:22-cv-0131-HBK (PC) (E.D. Cal.). 1 Accordingly, it is hereby ORDERED that the Clerk of the Court is directed to assign a 2 | district judge to this case; and 3 Further, it is RECOMMENDED that this action be dismissed as duplicative. 4 I submit these findings and recommendations to the district judge under 28 U.S.C. 5 | § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, 6 | Eastern District of California. The parties may, within 14 days of the service of the findings and 7 || recommendations, file written objections to the findings and recommendations with the court. 8 | Such objections should be captioned “Objections to Magistrate Judge’s Findings and 9 | Recommendations.” The district judge will review the findings and recommendations under 28 10 | U.S.C. § 636(b)(1)(C). 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ April 13, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28