IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 20, 2009
JERRY D. PROFFITT, PLAINTIFF,
SUPERIOR COURT OF THE STATE OF CALIFORNIA, ET AL., DEFENDANTS.
ORDER AND FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed with the court on March 25, 2009. The court's own records reveal that on March 2, 2009, plaintiff had previously initiated an action by filing a document setting forth similar allegations concerning his criminal trial in Shasta County. (No. CIV S-09-0610 GGH ).*fn1 Due to the duplicative nature of the present action, the court will recommend that the complaint in this action be dismissed.*fn2
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action.
Also, 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 case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 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).