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MCELROY v. LAMARQUE

United States District Court, Northern District of California


May 5, 2003

LATWAHN MCELROY, PLAINTIFF,
v.
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.

20030505

© 1992-2003 VersusLaw Inc.



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