Grubbs

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, No. 2:23-cv-02794-CKD P 12 Plaintiff, 13 v. ORDER AND 14 DEMITRIOUS GRUBBS, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. 18 § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF 19 No. 2. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1). 21 Examination of the complaint and review of the court’s dockets reveal that plaintiff’s 22 complaint contains allegations that are identical to, and therefore duplicative of, claims raised in 23 the complaint filed on November 26, 2023, in Hammler v. Grubbs, et al., No. 2:23-cv-02770- 24 DJC-CSK (E.D. Cal.).1 The complaint in this case is nothing more than a copy of the complaint 25 that had already been filed less than one week prior in that case. 26 “A complaint ‘that merely repeats pending or…