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ALLDREDGE v. DAVIS

United States District Court, Northern District of California


June 4, 2003

JOSEPH A. ALLDREDGE, PETITIONER,
v.
GRAY DAVIS, RESPONDENT.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge

ORDER OF DISMISSAL

Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus on May 15, 2003. The petition is identical to the petition filed by petitioner in an earlier action which is now pending. See Alldredge v. Davis, et al., No. C 03-2280 MMC (PR). An in forma pauperis action, such as the instant petition, 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 petitioner's claims were raised in petitioner's 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.

20030604

© 1992-2003 VersusLaw Inc.



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