(PC) Tubach v. Brown, No. 2:2012cv02830 - Document 5 (E.D. Cal. 2012)

Court Description: AMENDED ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/12 vacating 4 FINDINGS AND RECOMMENDATIONS. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M) Modified on 12/7/2012 (Plummer, M).

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(PC) Tubach v. Brown Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISABEL TUBACH, No. 2:12-cv-2830 WBS KJN P Plaintiff, 11 12 vs. 13 JERRY BROWN, AMENDED1 ORDER AND Defendant. 14 FINDINGS & RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel. Plaintiff’s complaint was 16 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. 1:12-cv-0649 MJS P ).2 Due to the duplicative nature of the present action, the 20 court will recommend that the complaint be dismissed.3 21 22 23 24 25 1 The case number referred to in the December 5, 2012 findings and recommendations contained a typographical error. Thus, the December 5, 2012 findings and recommendations are vacated, and these amended findings and recommendations provide the corrected case number. 2 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). 3 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 Accordingly, IT IS HEREBY ORDERED that the December 5, 2012 findings and recommendations are vacated; and 3 4 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the District Judge assigned 6 to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being 7 served with these findings and recommendations, plaintiff may file written objections with the 8 court. 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: December 6, 2012 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 16 tuba2830.23a 17 18 19 20 21 22 23 24 25 26 2

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