-CKD (PS) Johnson v. Mitchell et al, No. 2:2011cv02629 - Document 4 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/11/11 ORDERING that the 3/7/12 status conference is VACATED; this action is STAYED until the review of these F&Rs; RECOMMENDING that the action be dismissed as duplicative. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Manzer, C)
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-CKD (PS) Johnson v. Mitchell et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHEPARD JOHNSON, 11 Plaintiff, 12 13 14 vs. CHESTER MITCHELL, et al., 17 18 ORDER AND Defendants. 15 16 No. CIV S-11-2629 KJM CKD PS FINDINGS AND RECOMMENDATIONS / Plaintiff is proceeding in this action pro se. This proceeding was referred to this court by Local Rule 302(c)(21). In this action, plaintiff alleges claims arising out of a real estate development in 19 the Republic of Panama. The allegations in the complaint are virtually identical to the 20 allegations in Johnson v. Hermansen, CIV S-10-1968 GEB GGH PS, dkt. no. 80. This action is 21 therefore duplicative of plaintiff’s previously filed action, which is still pending. The court will 22 therefore recommend this action be dismissed as duplicative. 23 Accordingly IT IS HEREBY ORDERED that: 24 1. The status conference set for March 7, 2012 is vacated; 25 2. This action is stayed pending the district court’s review of these findings and 26 recommendations; and 1 Dockets.Justia.com 1 IT IS HEREBY RECOMMENDED that this action be dismissed as duplicative. 2 These findings and recommendations are submitted to the United States District 3 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 4 fourteen days after being served with these findings and recommendations, any party may file 5 written objections with the court and serve a copy on all parties. Such a document should be 6 captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the 7 objections shall be served and filed within ten days after service of the objections. The parties 8 are advised that failure to file objections within the specified time may waive the right to appeal 9 the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: October 11, 2011 11 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 4 15 johnson.dup 16 17 18 19 20 21 22 23 24 25 26 2
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