Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH HILL, No. 2:19-cv-0448 MCE DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., Defendants.

17 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. § 1983. This action was originally filed in the Sacramento County Superior Court and 19 removed to this Court on March 13, 2019. Pending now is defendants’ motion to dismiss this case 20 as duplicative of Hill v. Kernan, 1:19-cv-0512-MCE-DB, a case filed in this court in the first 21 instance on April 11, 2019. (ECF No. 6.) Plaintiff has not responded to the defendants’ motion. 22 For the reasons set forth below, the Court will recommend that defendants’ motion to dismiss be 23 denied.

I. Plaintiff’s Cases

25 A. Hill v. Kernan, 1:19-cv-0512-MCE-DB 26 On November 18, 2019, plaintiff’s first amended complaint in Hill v. Kernan, 1:19-cv- 27 0512-MCE-DB, was screened. The gravamen of that pleading is that plaintiff was charged with…