Doe

(PC) Saragoza v. Doe

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20231:23-cv-00496California1,128 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BENITO JOSE SARAGOZA, Case No. 1:23-cv-00496-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS AS DUPLICATIVE OF

v. PREVIOUSLY FILED CASE JOHN DOE, et al.,

FOURTEEN (14) DAY DEADLINE

Defendants.

16 Clerk of Court to assign a district judge. 17 Plaintiff Benito Jose Saragoza is a state prisoner proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983. Plaintiff filed this action (“Saragoza II”) on April 3, 2023. (Doc. 1.) The Court finds this case is duplicative of a pending case Plaintiff filed1 on March 6, 2023, Saragoza v. John Doe No. 1, Case No. 1:23-cv-00355-BAM (“Saragoza I”). Therefore, the Court recommends the dismissal of this case. I. LEGAL STANDARD “Plaintiffs generally have ‘no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant.’” Adams v. Cal. Dep’t of Health Servs., 487 F.3d…

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