Summary
affirming district court's sua sponte dismissal of prisoner's duplicative civil rights case under 28 U.S.C. § 1915A(b) on the ground it was frivolous
Summary of this case from Howze v. CDCROpinion
This panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Southern District of California, Thomas J. Whelan, District Judge, Presiding. D.C. No. CV-03-00570-TJW.
Robert L. Loeh, pro se, Fort Leavenworth, KS, for Plaintiff-Appellant.
Before: REINHARDT, FERNANDEZ, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
The district court dismissed the Petitioner's complaint sua sponte under 28 U.S.C. § 1915 A(b)(1) on the ground that his claim was duplicative, or frivolous. We review a sua sponte dismissal for abuse of discretion. See Martin v. Sias, 88 F.3d 774, 775 (9th Cir.1996). The district court did not abuse its discretion by taking notice of the Petitioner's similar civil actions pending against the same defendant and dismissing this particular complaint without prejudice to the Petitioner's pending
Page 570.
complaints. See Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir.1995).
AFFIRMED.