Opinion
No. 2:17-cv-1427 KJN P
08-23-2017
GREGORY TAYLOR, Plaintiff, v. RICHARD GUILIANI, et al, Defendants.
ORDER
Plaintiff is a state prisoner, proceeding pro se. Plaintiff's complaint was filed with the court on July 11, 2017. The court's own records reveal that on April 17, 2017, plaintiff filed a complaint containing virtually identical allegations against the same defendants named herein. (2:17-cv-0801 EFB). On July 24, 2017, plaintiff filed a letter in which he stated that he wanted to amend his complaint in 2:17-cv-0801 EFB rather than filing a new action, and expressed his desire to continue with this earlier-filed case. (ECF No. 4.) On July 25, 2017, plaintiff filed an amended complaint.
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). --------
Good cause appearing, plaintiff's request is granted. Fed. R. Civ. P. 41(a). The Clerk of the Court is directed to file plaintiff's amended complaint (ECF No. 5) in 2:17-cv-0801 EFB, and dismiss this action as improvidently opened.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to:
1. File plaintiff's amended complaint (ECF No. 5) in Case No. 2:17-cv-0801 EFB; and
2. Dismiss the instant action. Fed. R. Civ. P. 41(a). Dated: August 23, 2017
/s/_________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE /tayl1427.23