(PS)Osborne
(PS)Osborne v. Calvache
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE OSBORNE, Case No. 2:20-cv-02341-KJM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT THIS CASE SHOULD NOT BE
v. DISMISSED AS DUPLICATIVE OF CASE 2:20-cv-01805-JAM-KJN JOSE CLAVACHE, et al., ECF No. 1 Defendants.
OBJECTIONS DUE WITHIN 14 DAYS
16 Plaintiff proceeds without counsel in this civil rights action brought under 42 U.S.C. § 1983. On October 12, 2021, I screened the complaint and found it appeared duplicative of another case. ECF No. 3. I ordered plaintiff to show cause why her case should not be dismissed as duplicative. On November 12, 2021, plaintiff responded, ECF No. 4, and this matter is now ripe for review. For the reasons below, I recommend that this case be dismissed as duplicative. Duplicative lawsuits filed by a plaintiff proceeding in forma pauperis are subject to dismissal as either frivolous or malicious under 28 U.S.C. § 1915(e). See, e.g., Cato v. United States, 70…