United States District Court, N.D. California
November 3, 2005.
VINCENT M. LOPEZ, Plaintiff,
ALEXANDER LORENZO GEE, Defendant.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL
Plaintiff, an inmate at Pelican Bay State Prison proceeding pro
se, filed the above-titled civil rights complaint against
Alexander Lorenzo Gee, his cellmate at PBSP. He alleges that Gee
sexually harassed and threatened him in violation of
42 U.S.C. § 1983.
The claims in the instant complaint are identical to the claims
alleged by plaintiff in another action, which was dismissed for
failure to state a cognizable claim for relief. See Lopez v.
Gee, No. C 05-2539 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 in plaintiff's
earlier-filed case, the instant 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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