(PS) McDaniel v. Dowle et al, No. 2:2018cv00945 - Document 3 (E.D. Cal. 2018)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/19/18 ORDERING that 2 Motion to Proceed IFP is granted. RECOMMENDING that this action be dismissed without prejudice. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE McDANIEL, 12 Plaintiff, 13 14 No. 2:18-cv-00945 KJM CKD (PS) v. ORDER AND DONALD DOWLE, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff, proceeding pro se, requests leave to proceed in forma pauperis. Since plaintiff 17 18 has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a), his request 19 will be granted. Plaintiff’s complaint, filed April 17, 2018, names as defendants Donald Dowdle and 20 21 Darryn Hinch. The court’s own records reveal that on November 21, 2017, plaintiff filed a civil 22 rights complaint containing similar allegations against defendants Dowdle, Hinch, and the Sun 23 Herald News.1 McDaniel v. Hinch, et al., No. 2:17-cv-02448 KJM CKD (E.D. Cal.). That case is 24 still pending, with findings and recommendations to dismiss the complaint due to lack of 25 jurisdiction issued on December 14, 2017. Due to the duplicative nature of the present action, 26 the court will recommend that the complaint be dismissed. 27 28 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 1 2 3 4 5 In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s request to proceed in forma pauperis is granted. In accordance with the above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the District Judge assigned to this 6 case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 7 with these findings and recommendations, plaintiff may file written objections with the court. 8 The document should be captioned “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 11 Cir. 1991). 12 Dated: April 19, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 2 / mcdaniel1945.dupl 20 21 22 23 24 25 26 27 28 2