Davies

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE MORGAN, No. 2:24-cv-1039 CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LT. DAVIES, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the court on April 8, 2024. The court’s records reveal that plaintiff is proceeding in another action in this court based on virtually identical allegations. (Case no. 2:23-cv-1955 DAD DMC P). Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). //// 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th…