Polley

(PC) Schowachert v. Polley

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20221:22-cv-01249California365 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN P. SCHOWACHERT, No. 1:22-cv-1249 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

13 v. THE ACTION AS DUPLICATIVE 14 POLLEY, (Doc. 9) 15 Defendant. 16 17 The assigned magistrate judge screened the complaint and found the claims raised are 18 duplicative of Plaintiff’s claims in Schowachert v. Polley, Case No. 1:21-cv-01107-HBK. (Doc. 19 9.) The magistrate judge observed: “Both cases appear to arise out of the same events, involve 20 the same parties, and seek the same relief. To the extent the cases differ, Schowachert I includes 21 additional defendants and additional forms of relief, but otherwise encompasses the same claims, 22 defendant, and relief sought in the instant action.” (Id. at 4.) Therefore, the magistrate judge 23 recommended the action be dismissed as duplicative. (Id.) 24 The court served the Findings and Recommendations on Plaintiff. It provided notice that 25 any…

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