United States District Court, Northern District of California
June 3, 2003
ANTOLIN PATRICK WAYNE, PLAINTIFF,
SUPERVISORS OF SAN FRANCISCO COUNTY, 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, 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.
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