Posada

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATHAN PRESTON, No. 2:22-cv-2252-EFB (PC) Plaintiff, v. ORDER ALMA POSADA, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a complaint regarding the denial of unemployment benefits by California’s Employment Development Department. ECF No. 1. He has also filed an application for leave to proceed in forma pauperis. ECF No. 2. Plaintiff’s complaint is substantially similar to a complaint he filed only days earlier in this court. See Preston v. Posada, 22-cv-2199-CKD (E.D. Cal.) ECF No. 1. Because plaintiff has already commenced an action against the same defendant over the same dispute, this action is duplicative and should be dismissed. See Barapind v. Reno, 72 F. Supp. 2d 1132, 1144 (E.D.

1 “Federal comity and judicial economy give rise to rules which allow a district court to 26 transfer, stay, or dismiss an action when a similar…