Powell
(PC) Harper v. Powell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, No. 2:24-cv-1279 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
B. POWELL, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the court on May 2, 2024. The court’s records reveal that on April 17, 2024, plaintiff filed a complaint in this court that contains virtually identical allegations. See Harper v. Powell, No. 2:24-cv-1343 TLN AC P. Due to the duplicative nature of the present action, this court will recommend that the complaint be dismissed. Accordingly, the Clerk of the Court IS HEREBY ORDERED to randomly assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). //// 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118,…