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Kessler v. Rey

United States District Court, E.D. California

March 30, 2015

WESLEY WILLIAM KESSLER, Plaintiff,
v.
J. REY, et al., Defendants.

ORDER AND FINDINGS AND RECOMMENDATIONS

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff is a state prisoner proceeding pro se. Plaintiff's complaint was filed with the court on March 18, 2015. The court's own records reveal that on March 10, 2015, plaintiff filed a complaint containing virtually identical allegations against the same defendants. (No. 2:15-cv-00617 EFB).[1] Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed.

In accordance with the above, IT IS HEREBY ORDERED that Clerk of Court shall assign a district judge to this action.

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. ยง 636(b)(1). 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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