United States District Court, Northern District of California
May 5, 2003
LATWAHN MCELROY, PLAINTIFF,
A.A. LAMARQUE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge
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 April 23, 2003. The only pleading submitted is the first page of a form civil rights complaint, an identical copy of which appears as the first page of a complete civil rights complaint filed by plaintiff the following day in McElroy v. Lamarque, 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 plaintiffs later-filed 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's notices directing plaintiff to complete an in forma pauperis application and submit a complaint are VACATED.
All pending motions are terminated No fee shall be due The clerk shall close the file. IT IS SO ORDERED.
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