(PC} Johnson v. California Correctional Peace Officers Association, No. 2:2007cv00277 - Document 5 (E.D. Cal. 2007)
Court Description: FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 2/23/2007 Recommending that this action be dismissed without prejudice. REFERRED to Judge Lawrence K. Karlton. Objections due 20 days after being served with these F & R's. (Reader, L)
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(PC} Johnson v. California Correctional Peace Officers Association Case 2:07-cv-00277-LKK-KJM Document 5 Doc. 5 Filed 02/26/2007 Page 1 of 2 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GARRISON S. JOHNSON, Plaintiff, 10 11 12 No. CIV S-07-0277 LKK KJM P vs. CALIFORNIA CORRECTIONAL PEACE OFFICER ASSOCIATION, 13 Defendant. FINDINGS & RECOMMENDATIONS / 14 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with 15 16 the court on February 12, 2007. The court’s own records reveal that on February 1, 2007, 17 plaintiff filed a complaint containing virtually identical allegations against the same defendants 18 (No. Civ. F-07-0179 OWW SMS P ).1 Due to the duplicative nature of the present action, the 19 court will recommend that the complaint be dismissed. In accordance with the above, IT IS HEREBY RECOMMENDED that this action 20 21 be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the District Judge assigned 22 23 to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being 24 served with these findings and recommendations, plaintiff may file written objections with the 25 1 26 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 Dockets.Justia.com Case 2:07-cv-00277-LKK-KJM Document 5 Filed 02/26/2007 Page 2 of 2 1 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 DATED: February 23, 2007. 6 7 8 /mp john0277.23 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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