Opinion
2:23-cv-1183 DB P
06-29-2023
DEMARION TRAMMEL, Plaintiff, v. A. RAMOS, et al., Defendants.
ORDER AND FINDINGS AND RECOMMENDATIONS
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed in the Northern District of California on June 20, 2023 and transferred to this court on June 23, 2023. The court's own records reveal that on June 9, 2023, plaintiff filed a complaint containing virtually identical allegations against the same defendants. See Trammel v. Ramos, 2:23-cv-1111 AC P. Due to the duplicative nature of the present action, this court will recommend that the complaint be dismissed.
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).
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and
IT IS 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 case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).