(PC) Miller v. Mule Creek State Prison Medical Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-02171-CKD P Plaintiff, v. ORDER AND MULE CREEK STATE PRISON FINDINGS AND RECOMMENDATIONS MEDICAL DEPARMENT, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Examination of the complaint and review of the court’s dockets reveal that plaintiff’s complaint contains allegations that are identical to, and therefore duplicative of, claims raised in the complaint filed on October 29, 2021, in Miller v. Mule Creek Medical Staff, et al., No. 2:21- cv-2002-JAM-DMC-P (E.D. Cal.). Plaintiff filed the instant complaint less than a month later. “A complaint ‘that merely repeats pending or previously litigated claims’” is subject to 26 …