Cavello

(PC) Mundy v. Cavello

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20232:23-cv-00061California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STANLEY W. MUNDY, No. 2:23-cv-0061 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. See ECF Nos. 1 (“Mundy II” complaint), 6 (in forma pauperis application). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. A review of the complaint reveals that it is identical to the one filed in Mundy v. City and County of Sacramento, No. 2:23-cv-0059 CKD (“Mundy I”). Compare Mundy II, ECF No. 1, with Mundy I, ECF No. 1. 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 defendants. Adams v. California Dep’t of Health Servs., 487 F.3d…

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