Bustamonte

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS DE'MON LAKE, No. 2:23-cv-01310 DB P Plaintiff, v. ORDER AND A BUSTAMONTE, FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the court on July 5, 2023. The court’s own records reveal that on the same day, plaintiff filed another civil complaint containing substantially the same allegations and subject matter, see Lake v. Oboyle, et al., No. 2:23-cv-01306 AC P.1 The civil complaint in Case No. 2:23-cv-01306 AC P was signed by plaintiff a day earlier and was filed first in this court. Due to the duplicative nature of the present action, the court will recommend that the complaint in this action be dismissed, and that plaintiff proceed in the first-filed action. Because plaintiff included an additional defendant (A. Bustamante) in this action, however, the court will order that the complaint in this case be filed as a…