(PC) King v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KURTIS KING, No. 2:22-cv-2041-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
JEFFREY LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a complaint concerning inmate wages against defendants Lynch and Allison. ECF No. 1. He has also filed an application for leave to proceed in forma pauperis. ECF Nos. 1, 2. Plaintiff’s complaint is substantially similar to a complaint he previously filed in this court. See King v. Lynch, 22-cv-1696-WBS-EFB (E.D. Cal.) ECF No. 1 (Compl.). Because plaintiff has already commenced an action against the same defendants over the same dispute, this action is duplicative and should be dismissed. See Barapind v. Reno, 72 F. Supp. 2d 1132, 1144
1 “Federal comity and judicial economy give rise to rules which allow a district court to 26 transfer, stay, or dismiss an action…