(PC)Miller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-02104 DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MULE CREEK STATE PRISON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the court on November 15, 2021. The court’s own records reveal that plaintiff filed a complaint containing identical allegations in another case initiated in this court previously, on October 29, 2021, No. 2:21-cv-2002 JAM DMC.1 The complaints are identical. The only difference is the placement of the exhibits in the pleading. (See Id.) Due to the duplicative nature of the present action, the court will recommend it be dismissed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and //// //// 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v.…