United States District Court, N.D. California
December 6, 2005.
JAMES CARL BOBB, Plaintiff,
FRESNO COUNTY SHERIFF'S DEPARTMENT; RICHARD PIERCE, Fresno County sheriff; HAROLD McKINNY, former Fresno County sheriff; STEVE MAGARIAN, former Fresno County sheriff, Defendants.
The opinion of the court was delivered by: WILLIAM ALSUP, District Judge
ORDER DISMISSING CASE
Plaintiff has filed three substantially similar complaints with
this Court. The first, in Bobb v. Lewis, was dismissed pursuant
to Federal Rule of Civil Procedure 12(b)(6) for failure to state
a claim. Case No. C 03-4344 WHA (July 6, 2004 N.D. Cal.). The
second, Bobb v. Fresno County Sheriff's Dep't, was dismissed
under the doctrine of res judicata. Case No. C 04-3550 (Jan. 6,
2005 N.D. Cal.). This third complaint is functionally identical
to those in the previous cases and therefore is DISMISSED for
the same reasons.
Understood liberally, plaintiff, who is not represented by
counsel, states that the instant case arises under
42 U.S.C. 1983. He alleges that his rights under the First, Fourth, Fifth
and Eighth through Fourteenth amendments were violated. The
complaint accuses defendants of using listening devices from
about July 20, 1977, through September 16, 2005, to eavesdrop on
him and to cause him epileptic seizures and heart failure (see
Compl.). He alleged in his last case, No. C 04-3550, that the
Fresno County Sheriff's Department had planted listening devices on him and that the equipment caused him epileptic seizures and
heart failure. Complaint, No. C 04-3550 (Aug. 25, 2004 N.D.
The new complaint contains no new allegations. It fails to
state a claim and is barred by res judicata. It is therefore
DISMISSED WITHOUT LEAVE TO AMEND. Plaintiff's request to
proceed in forma pauperis is REJECTED AS MOOT. Plaintiffs is
ORDERED not to file another complaint that is functionally
identical to the three this Court already has rejected.
IT IS SO ORDERED.
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