(HC) Moore v. Kernan, No. 2:2017cv02588 - Document 8 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/03/18 ORDERING the Clerk of the Court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

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(HC) Moore v. Kernan Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARQUIS DOMINIQUE MOORE, 12 Petitioner, 13 14 No. 2:17-cv-02588 AC P v. ORDER AND FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, 15 Respondent. 16 Petitioner is a state prisoner proceeding pro se. Petitioner’s petition for writ of habeas 17 18 corpus was filed with the court on December 11, 2017. See ECF No. 1. The court’s own records 19 reveal that on October 6, 2017, petitioner filed a petition containing virtually identical allegations. 20 See Moore v. Kernan, 2:17-cv-2080 MCE JKN (HC).1 Due to the duplicative nature of the 21 present action, the court will recommend that the petition be dismissed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 22 23 a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 24 25 P. 41(b). 26 27 28 1 A court may take judicial notice of court records. See generally MGIC Indem. Co. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986); see also United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 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 twenty one days after being 3 served with these findings and recommendations, petitioner may file written objections with the 4 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Petitioner 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: January 3, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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