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Wayne v. Supervisors of San Francisco County

United States District Court, N.D. California
Jun 3, 2003
No. C 03-2354 MMC (PR) (N.D. Cal. Jun. 3, 2003)

Opinion

No. C 03-2354 MMC (PR).

June 3, 2003.


ORDER OF DISMISSAL


Plaintiff, a California prisoner, filed the above-titled civil action on May 20, 2003. The complaint is identical to the complaint filed by plaintiff in an earlier action which was dismissed. Wayne v. Supervisors of San Francisco, et al., No. C 03-0799 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 were raised in plaintiffs earlier case, the above-titled action is hereby DISMISSED as duplicative. The Clerk's notice directing plaintiff to complete an in forma pauperis application and submit a complaint is VACATED.

All pending motions are terminated.

No fee shall be due.

The clerk shall close the file.

IT IS SO ORDERED.


Summaries of

Wayne v. Supervisors of San Francisco County

United States District Court, N.D. California
Jun 3, 2003
No. C 03-2354 MMC (PR) (N.D. Cal. Jun. 3, 2003)
Case details for

Wayne v. Supervisors of San Francisco County

Case Details

Full title:ANTOLIN PATRICK WAYNE, Plaintiff, v. SUPERVISORS OF SAN FRANCISCO COUNTY…

Court:United States District Court, N.D. California

Date published: Jun 3, 2003

Citations

No. C 03-2354 MMC (PR) (N.D. Cal. Jun. 3, 2003)