Moseley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-02402 DB P Plaintiff, v. ORDER, FINDINGS AND

RECOMMENDATIONS

HOWARD E. MOSELEY, Defendant. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the court on December 27, 2021. The court’s own records reveal that plaintiff filed a complaint containing identical allegations in another case initiated in this court on December 8, 2021, No. 2:21-cv-2252 KJN.1 Both complaints were signed on the same day. 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. Wilson,…