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Michael R. Jones v. Thomas J. Vilsack

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


November 6, 2012

MICHAEL R. JONES, PLAINTIFF,
v.
THOMAS J. VILSACK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Plaintiff, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 and American's with Disabilities Act. Pending before the court is plaintiff's complaint.

A review of the docket indicates that plaintiff has another action pending in the Eastern District of California, case number 2:11-cv-2972-GEB-CMK.*fn1 The complaints in both cases are virtually identical , raise the same claims, are based on the same operative facts, and are against the same defendants. This action, therefore, is duplicative and should be dismissed.

Based on the foregoing, the undersigned recommends that this action be dismissed as duplicative of Eastern District of California case number 2:11-cv-2972-GEB-CMK, and all pending motions be denied as moot.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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