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Isabel Tubach v. Jerry Brown

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


December 6, 2012

ISABEL TUBACH, PLAINTIFF,
v.
JERRY BROWN, AMENDED*FN1
DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER AND FINDINGS & RECOMMENDATIONS

Plaintiff is a state prisoner proceeding without counsel. Plaintiff's complaint was filed with the court on November 19, 2012. The court's own records reveal that on April 24, 2012, plaintiff filed a complaint containing virtually identical allegations against defendant Brown. (No. 1:12-cv-0649 MJS P ).*fn2 Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed.*fn3

Accordingly, IT IS HEREBY ORDERED that the December 5, 2012 findings and recommendations are vacated; and

IT IS 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 fourteen 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).


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