Davies

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIKE MORGAN, No. 2:24-cv-1039 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 LT. DAVIES, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s complaint was filed with the 18 court on April 8, 2024. The court’s records reveal that plaintiff is proceeding in another action in 19 this court based on virtually identical allegations. (Case no. 2:23-cv-1955 DAD DMC P).1 Due 20 to the duplicative nature of the present action, the court will recommend that the complaint be 21 dismissed. 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 23 a district judge to this case; and 24 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 25 P. 41(b). 26 //// 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 28 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th…