Opinion
No. 2:15-cv-1735 KJN P
09-02-2015
KASEY F. HOFFMAN, Plaintiff, v. KEVIN JONES, Defendant.
ORDER AND FINDINGS AND RECOMMENDATIONS
Plaintiff is a county prisoner, proceeding pro se. Plaintiff's complaint was filed with the court on July 24, 2015. The court's own records reveal that on July 24, 2015, plaintiff filed a complaint containing virtually identical allegations. (2:15-cv-1729 CKD P). Due to the duplicative nature of the present action, the court recommends that this most-recent 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)(l). Within fourteen 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). Dated: September 2, 2015
/s/_________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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