Flow-Sunkett v. Diaz, 2:19-cv-1009 KJM KJN P. (2019)
Court: District Court, E.D. California
Number: infdco20190719831
Visitors: 11
Filed: Jul. 18, 2019
Latest Update: Jul. 18, 2019
Summary: FINDINGS AND RECOMMENDATIONS KENDALL J. NEWMAN , Magistrate Judge . Plaintiff Glenn Sunkett is a state prisoner, proceeding pro se; Brittney Flow-Sunkett is Glenn's wife. On June 18, 2019, plaintiffs filed a complaint in this action bearing both their signatures. (ECF No. 7.) The court's own records reveal that on June 12, 2019, plaintiffs filed a complaint containing virtually identical allegations against the same 14 defendants. ( Sunkett v. Diaz, Case No. 1:19-cv-0816 AWI GSA (E.D. Cal.
Summary: FINDINGS AND RECOMMENDATIONS KENDALL J. NEWMAN , Magistrate Judge . Plaintiff Glenn Sunkett is a state prisoner, proceeding pro se; Brittney Flow-Sunkett is Glenn's wife. On June 18, 2019, plaintiffs filed a complaint in this action bearing both their signatures. (ECF No. 7.) The court's own records reveal that on June 12, 2019, plaintiffs filed a complaint containing virtually identical allegations against the same 14 defendants. ( Sunkett v. Diaz, Case No. 1:19-cv-0816 AWI GSA (E.D. Cal.)..
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FINDINGS AND RECOMMENDATIONS
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff Glenn Sunkett is a state prisoner, proceeding pro se; Brittney Flow-Sunkett is Glenn's wife. On June 18, 2019, plaintiffs filed a complaint in this action bearing both their signatures. (ECF No. 7.) The court's own records reveal that on June 12, 2019, plaintiffs filed a complaint containing virtually identical allegations against the same 14 defendants. (Sunkett v. Diaz, Case No. 1:19-cv-0816 AWI GSA (E.D. Cal.) (Fresno)).1 Due to the duplicative nature of the present action, the court will recommend that the complaint be dismissed.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the District Judge assigned to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
FootNotes
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 Cir. 1980).
Source: Leagle
