(PC) Hollenbeck v. Yolo County Jail, No. 2:2018cv01576 - Document 4 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/12/2018 RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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(PC) Hollenbeck v. Yolo County Jail Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON HOLLENBECK, 12 No. 2:18-cv-1576 KJN P Plaintiff, 13 v. 14 ORDER AND FINDINGS AND RECOMMENDATIONS YOLO COUNTY, 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff’s complaint was filed with the 18 court on May 30, 2018. The court’s own records reveal that on May 22, 2018, plaintiff filed a 19 complaint containing virtually identical allegations. Hollenbeck v. Yolo County, No. 2:18-cv- 20 1317 DB (E.D. Cal.).1 Due to the duplicative nature of the present action, the court will 21 recommend that the complaint 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 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 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 days after being served 3 with these findings and recommendations, plaintiff may file written objections with the court. 4 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: July 12, 2018 9 10 /cw/holl1576.23 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2