(HC) Taft v. Martinez, No. 2:2018cv00564 - Document 5 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/24/2018 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed as duplicative of Case No. 1:18-cv-0412 DAD JLT P. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Yin, K)
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(HC) Taft v. Martinez Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN R. TAFT, 12 Petitioner, 13 14 No. 2:18-cv-0564 AC P v. ORDER and JOEL MARTINEZ, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 17 18 filed pursuant to 28 U.S.C. § 2254. The court’s records reveal1 that the instant petition is 19 duplicative of the petition filed by petitioner in Case No. 2:18-cv-0621 CKD P, which was 20 transferred on venue grounds to the Fresno Division of this court and is now designated Case No. 21 1:18-cv-0412 DAD JLT P.2 Due to the duplicative nature of the instant action, the undersigned 22 will recommend that this action be dismissed as duplicative.3 23 24 25 26 27 28 1 This 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). 2 The petitions are identical with the exception that Case No. 1:18-cv-0412 DAD JLT P includes 44 additional pages of exhibits. 3 This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). 1 Dockets.Justia.com 1 2 3 4 5 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this action. Further, IT IS HEREBY RECOMMENDED that this action be dismissed as duplicative of Case No. 1:18-cv-0412 DAD JLT P. These findings and recommendations are submitted to the United States District Judge 6 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 DATED: April 24, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2