United States District Court, N.D. California
October 17, 2005.
SIMON V. CAZARES, Plaintiff,
JAMIE L. HARMON, et al., Defendant.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL
Plaintiff, a California prisoner proceeding pro se, filed the
above-titled civil rights action pursuant to 42 U.S.C. § 1983
against the attorneys who represented him in criminal proceedings
in state court. The claims in the complaint are identical to the
allegations in a previous complaint filed by plaintiff, which
complaint was dismissed for failure to state a cognizable claim
for relief. See Cazares v. Harmon, et al., No. C 05-1349 MMC
(PR). A complaint that merely repeats pending or previously
litigated claims is frivolous and may be dismissed sua sponte.
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 the claims in plaintiff's complaint are duplicative of the
claims raised and dismissed in plaintiff's earlier case, the
above-titled action is hereby DISMISSED as duplicative. In light
of this dismissal, the application to proceed in forma pauperis
is DENIED, and no fee is due.
The Clerk shall close the file and terminate Docket No. 2.
IT IS SO ORDERED.
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