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Perez v. County of San Mateo

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 18, 2008

JUAN OCHOA PEREZ, PLAINTIFF,
v.
COUNTY OF SAN MATEO, ET AL., DEFENDANT(S).

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

ORDER OF DISMISSAL

Plaintiff, a California inmate, filed a civil rights complaint under 42 U.S.C. 20 § 1983. Plaintiff has also filed an application to proceed in forma pauperis. (Docket No. 2.) Plaintiff's complaint is identical to a complaint filed prior to this action which is currently pending before the Honorable Judge Thelton E. Henderson: Case No. C 08-03290 TEH (PR). A complaint that merely repeats pending or previously litigated claims may be dismissed under the authority of 28 U.S.C. § 25 1915. 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). This action is duplicative of an earlier complaint filed in this Court that is currently pending. As such, Plaintiff's complaint is DISMISSED as duplicative and for failure to state a claim for relief.

Order of Dismissal

For the foregoing reasons, Plaintiff's action is DISMISSED for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A. The Clerk of Court shall terminate all pending motions, enter judgment and close the file.

IT IS SO ORDERED.

20080718

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