Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SEDRIC EUGENE JOHNSON, No. 1:23-cv-00437-KES-GSA (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

BRIAN CATES, et al., Doc. 11 Defendants. 16 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 28, 2023, the magistrate judge issued findings and recommendations recommending that the instant action (Johnson I) be dismissed as duplicative of Johnson v. Cates, No. 1:23-cv-00361 GSA (Johnson II). Doc. 11. The F&R recommends dismissing Johnson I, which was filed in the Southern District of California on March 6, 2023, and transferred to this District on March 23, 2023, as duplicative of Johnson II, which was filed on March 9, 2023, in the Eastern District of California, given that Johnson I was “put on the…