(PS) Crosswhite v. Schwazenegger et al, No. 2:2010cv01809 - Document 3 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Kimberly J. Mueller on 7/22/10, ORDERING that pltf's 2 ifp motion is GRANTED; and RECOMMENDING that this action be dismissed with prejudice. Case referred to Judge England. Within 14 days after being served with these f&r's, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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(PS) Crosswhite v. Schwazenegger et al Doc. 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN CROSSWHITE, 11 Plaintiff, 12 13 14 vs. ARNOLD SCHWARZENEGGER, ORDER AND Defendant. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-10-1809 MCE KJM PS Plaintiff is proceeding in this action pro se. Plaintiff has requested authority 17 pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this 18 court by Local Rule 72-302(c)(21). 19 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is 20 unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in 21 forma pauperis will be granted. 28 U.S.C. § 1915(a). 22 In this action, plaintiff raises a claim arising out of his incarceration. The 23 allegations in the complaint are virtually identical to the allegations in Crosswhite v. 24 Schwarzenegger, CIV S-10-409 JAM KJM PS. This action is therefore duplicative of plaintiff’s 25 previously filed action, which is still pending. The court will therefore recommend this action be 26 dismissed with prejudice. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that plaintiffs’ request to proceed in forma pauperis is granted; and 3 IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 6 fourteen days after being served with these findings and recommendations, any party may file 7 written objections with the court and serve a copy on all parties. Such a document should be 8 captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is 9 advised that failure to file objections within the specified time may waive the right to appeal the 10 District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: July 22, 2010. 12 13 006 crosswhite.dup 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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