(PC) Callender v. Ramm et al, No. 2:2017cv00271 - Document 12 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/6/18 RECOMMENDING that this action be Dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
Download PDF
(PC) Callender v. Ramm et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT ANTHONY CALLENDER, 12 No. 2:17-cv-0271 JAM AC P Plaintiff, 13 v. 14 J. RAMM, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. The complaint in this case was filed with 18 the court on February 3, 2017. However, the court’s own records reveal that on April 1, 2016, 19 plaintiff filed another complaint containing virtually identical allegations.1 That case, Callender 20 v. Ramm et al., Case No. 2:16-cv-0694 JAM AC P, is proceeding on the merits of a First 21 Amended Complaint. Due to the duplicative nature of the present action, the undersigned will 22 recommend that this case be dismissed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 prejudice. See Fed. R. Civ. P. 41(b). 25 //// 26 1 27 28 A court may take judicial notice of its own records and the records of other courts. See United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980); see also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the District Judge assigned to this 2 case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being 3 served with these findings and recommendations, plaintiff may file written objections with the 4 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir. 1991). 8 DATED: December 6, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2