Hall

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE MORGAN, No. 2:24-CV-2395-DMC-P Plaintiff, v. ORDER J. HALL, and Defendant. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The Court's record reflect that Plaintiff is proceeding in another action in this Court based on virtually identical allegations. See Morgan v. Espinoza, et al., Eastern Dist. Cal. case no. 2:23-cv-1955-DAD-DMC-P. Due to the duplicative nature of the present action, the Court will recommend that it be dismissed without prejudice. See Fed. R. Civ. P. 41(b); see also Adams v. Cal. Dep't of Health Servs., 487 F.3d 684, 688-89 (9th Cir. 2007) (plaintiffs generally have no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant); overruled on other grounds by Taylor v. Sturgell,…