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Harper v. McDonald

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 20, 2009

ERIC HARPER, PETITIONER,
v.
M.D. MCDONALD, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is state prisoner proceeding pro se. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; seealso E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2). Plaintiff's complaint was filed with the court on May 29, 2009. The court's own records reveal that plaintiff had previously initiated two actions, on December 29, 2008 and on February 11, 2009, setting forth similar allegations concerning his request to be transferred to a prison closer to Sacramento. (No. CIV S-08-3154 EFB and No. CIV S-09-0400 EFB).*fn1

Accordingly, this action is dismissed as duplicative.

IT IS HEREBY ORDERED that this action be dismissed as duplicative. See Fed. R. Civ. P. 41(b).


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