Ismael Villarreal v. Ralph Diaz

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7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ISMAEL VILLARREAL, Case No. 5:21-cv-01811-VBF (AFM) Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE v. 14 RALPH DIAZ, et al., 15 Defendants. 16 17 In September 2020, Plaintiff, a state prisoner, filed a civil rights action pursuant to U.S.C. §1983. Case No. 5:20-cv-01942-VBF (AFM). While the complaint originally was filed in the United States District Court for the Eastern District of California, it was subsequently transferred to this Court. On September 27, 2021, the action was dismissed for failure to state a claim. Plaintiff filed a notice of appeal, and his appeal is currently pending before the Ninth Circuit. The present action was filed on October 22, 2021. (ECF 1.) The complaint is identical to the complaint filed in Case No. 5:20-cv-01942-VBF (AFM). In fact, the complaint in the present action was signed on the same date – September 1, 2020 – as the previously filed complaint. On November 17,…