Fard v. Arpaio et al

Filing 5

ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is denied. The Complaint (Doc. 1) and this action are dismissed without prejudice as duplicative of CV 11-2582-PHX-DGC (ECV). The Clerk of Court must close the case and enter judgment. Signed by Judge David G Campbell on 2/23/2012. (KMG)

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KM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Yusuf Fard,
Plaintiff,

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vs.

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Joseph M. Arpaio, et al.,

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Defendants.

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No. CV 11-2583-PHX-DGC (ECV)
ORDER

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Plaintiff Yusuf Fard, who is confined in the Maricopa County Lower Buckeye Jail,

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has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to

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Proceed In Forma Pauperis.

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Plaintiff’s Complaint raises three claims for relief that are identical to the three claims

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for relief Plaintiff raises in his previously filed lawsuit, CV 11-2582-PHX-DGC (ECV), with

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the exception that Plaintiff has added Detention Officer King as a Defendant in this action.

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An in forma pauperis complaint that merely repeats pending or previously litigated

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claims may be considered abusive and dismissed under the authority of 28 U.S.C. § 1915(e).

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Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); Bailey v. Johnson, 846 F.2d

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1019, 1021 (5th Cir. 1988). An in forma pauperis complaint repeating the same factual

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allegations asserted in an earlier case, even if now filed against new defendant, is subject to

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dismissal as duplicative and frivolous. See Bailey, 846 F.2d at 1021; see also Van Meter v.

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Morgan, 518 F.2d 366, 368 (8th Cir. 1975).

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Accordingly, the Court will dismiss Plaintiff’s Complaint as duplicative of CV 11-

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2582. Plaintiff should note that his Complaint in CV 11-2582 has been dismissed with leave

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to amend. If Plaintiff chooses to file an amended complaint in CV 11-2582, he may add

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defendants in that case as necessary.

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IT IS ORDERED:

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(1)

Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied.

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(2)

The Complaint (Doc. 1) and this action are dismissed without prejudice as

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duplicative of CV 11-2582-PHX-DGC (ECV). The Clerk of Court must close the case and

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enter judgment.

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DATED this 23rd day of February, 2012.

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