(PC) Tubach v. Brown, No. 2:2012cv02830 - Document 4 (E.D. Cal. 2012)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/4/2012 ORDERING the Clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)

Download PDF
(PC) Tubach v. Brown Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISABEL TUBACH, 11 Plaintiff, 12 vs. 13 No. 2:12-cv-2830 KJN P JERRY BROWN, 14 ORDER AND Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding without counsel. Plaintiff’s complaint was 17 filed with the court on November 19, 2012. The court’s own records reveal that on April 24, 18 2012, plaintiff filed a complaint containing virtually identical allegations against defendant 19 Brown. (No. 2:01-cv-0649 MJS P ).1 Due to the duplicative nature of the present action, the 20 court will recommend that the complaint be dismissed.2 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 23 24 25 1 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). 2 26 The court notes that plaintiff raised similar allegations against defendant Brown in Case Nos. 1:12-cv-1369 DLB and 1:12-cv-01373 GBC. 1 Dockets.Justia.com 1 2 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the District Judge assigned 4 to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being 5 served with these findings and recommendations, plaintiff may file written objections with the 6 court. 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. Ylst, 951 F.2d 1153 (9th 9 Cir. 1991). 10 DATED: December 4, 2012 11 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 tuba2830.23 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.