Opinion
No. C 14-3186 RS (PR)
08-12-2014
WILLIE WEAVER, Plaintiff, v. WARDEN GREG LEWIS, et al., Defendants.
ORDER OF DISMISSAL;
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS
Plaintiff's allegations that bad air is causing him to cough himself awake at night have been raised in other actions, e.g., Weaver v. First Watch, et al., 14-cv-00005-RS (dismissed for failure to state a claim), Weaver v. First Watch, et al., 14-cv-00453-RS (same), Weaver v. First Watch, et al., 14-cv-00685-RS (dismissed as duplicative), Weaver v. Sleep Deprivation, et al., 14-cv-01172-RS (same), and Weaver v. First Watch, 14-cv-02493-RS (same). Accordingly, this civil rights action is DISMISSED with prejudice as duplicative. Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). Plaintiff's application to proceed in forma pauperis (Docket No. 3) is DENIED because the action is frivolous, the claims having been raised and rejected in other actions. Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). The Clerk shall enter judgment in favor of defendants, terminate Docket No. 3, and close the file.
IT IS SO ORDERED. DATED: August 12, 2014
/s/________
RICHARD SEEBORG
United States District Judge