IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 10, 2009
ROBERT EARL DEARMON, PLAINTIFF,
CITY OF FAIRFIELD, ET AL., DEFENDANTS.
ORDER AND FINDINGS & RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed with the court on May 12, 2009. The court's own records reveal that on November 24, 2008, plaintiff filed a complaint containing virtually identical allegations against the same defendants. (No. 2:08-cv-2843-MCE-KJM).*fn1 Due to the duplicative nature of the present action, the court will recommend that it be dismissed.*fn2
Good cause appearing, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and
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).