Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN BELL, No. 2:21-CV-00178-CKD P Plaintiff, v. ORDER AND WARDEN, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On January 23, 2021, plaintiff filed the instant action against the Warden of Mule Creek State Prison alleging that he was being housed with COVID-19 positive inmates in deliberate indifference to his health and safety. ECF No. 1. By way of relief, plaintiff seeks his early release from confinement. The court takes judicial notice of an earlier filed civil action filed by plaintiff against the same defendant and alleging the same claims. See Bell v. Warden, No. 2:21-cv-0534-CKD (E.D. Cal. 2021). The allegations in the complaint are against the exact same…