Najera

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

STEVEN R. MILLER, Case No. 1:20-cv-00234-JDP

Plaintiff,

ORDER TO SHOW CAUSE WHY THIS

v. CASE SHOULD NOT BE DISMISSED AS

DUPLICATIVE OF CASE NUMBER 1:19-

ALBERT NAJERA, et al.,

CV-01077-AWI-BAM

Defendants.

THIRTY-DAY DEADLINE

14 Plaintiff Steven R. Miller is a federal prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). A plaintiff has “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.” Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir. 1977). To see whether an action is duplicative, we “examine whether the causes of action and relief sought, as well as the parties or privies to the action, are the same.” Adams v. California Dep't of Health Servs., 487 F.3d 684, 689 (9th Cir. 2007). This action appears duplicative of case number 1:19-cv-01077-AWI-BAM—a case…