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SIMMS v. SANTA RITA JAIL MEDICAL STAFF

United States District Court, N.D. California


February 13, 2004.

DARNELL T. SIMMS, Plaintiff(s)
v.
SANTA RITA JAIL MEDICAL STAFF, et al., Defendant(s)

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER OF DISMISSAL

Plaintiff, a prisoner at the Alameda County Jail, Santa Rita Facility in Dublin, California, has filed a pro se prisoner complaint under 42 U.S.C. § 1983 alleging deliberate indifference to his serious medical needs. Plaintiff raised the same allegations in a prior prisoner complaint, which is still pending. See Simms v. Santa Rita Medical Staff. No 04-0353 VRW (PR) (ND Cal filed Jan 27, 2004).

A prisoner complaint that merely repeats pending or previously litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. § 1915A. Cf Cato v. United States, 70 F.3d 1103, 1105 n2 (9th Cir. 1995) (citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in forma pauperis complaint may be considered abusive and dismissed under 28 U.S.C. § 1915). Because plaintiff raised the same allegations and claims raised herein in a prior pending prisoner complaint, the instant complaint is deemed duplicative and abusive under § 1915A. That plaintiff apparently adds additional defendants in Page 2 this later-filed action does not compel a different result. See Bailey, 846 F.2d at 1021 (complaint repeating same allegations asserted in earlier case, even if now filed against new defendants, is subject to dismissal as duplicative).

  Plaintiff's request to proceed in forma pauperis (doc # 2) is DENIED and the complaint is DISMISSED under the authority of 28 U.S.C. § 1915A.

  The clerk shall close the file and terminate all pending motions as moot.

  SO ORDERED.

20040213

© 1992-2004 VersusLaw Inc.



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