Opinion
No. C 03-2609 MMC (PR)
August 5, 2003
ORDER OF DISMISSAL
Plaintiff, a California prisoner currently incarcerated in Salinas Valley State Prison and proceeding pro se, filed the above-titled civil action on June 4, 2003. The allegations in the complaint are identical to the allegations in an earlier complaint filed by plaintiff in McElroy v. Lamargue. et al., No. C 03-1819 MMC (PR). A complaint filed by a plaintiff appearing in forma pauperis, such as the complaint filed herein, that merely repeats pending or previously litigated claims may be considered abusive and dismissed under 28 U.S.C. § 1915. See Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). As plaintiff's claims are raised in plaintiff's earlier case, there is no need for the instant case to proceed as an independent action.
Accordingly, the above-titled action is hereby DISMISSED as duplicative. The clerk shall close the file.
IT IS SO ORDERED.