(PC) Roberts v. State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ROBERTS, Case No. 2:21-cv-02400-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT THIS ACTION BE DISMISSED AS

v. DUPLICATIVE STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel. His complaint, ECF No. 1, alleges that he has filed several lawsuits complaining of correctional staff’s use of excessive force, but his cases have been repeatedly dismissed. Court records reflect that plaintiff has filed a complaint in this district that is nearly identical to the complaint in this case. See Roberts v. State of California, 2:21-cv-2395-DMC (PC) (E.D. Cal.). Because the complaint in this action is duplicative of the complaint in plaintiff’s other action, I will recommend that this action be dismissed. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (holding that a complaint that “merely repeats pending or previously litigated claims” may be…