Yglesias v. Patel, et al.

Filing 7

FINDINGS and RECOMMENDATIONS Recommending that this Case be Dismissed, with Prejudice, as Duplicative of Case 1:17-cv-1282-GSA(PC); Objections, if any, Due within Fourteen (14) Days signed by Magistrate Judge Gary S. Austin on 11/27/2017. Referred to Judge Anthony W. Ishii. Objections to F&R due by 12/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAY YGLESIAS,

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Plaintiff,

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vs.
ISMAEL PATEL, M.D., et al.,

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Defendants.

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1:17-cv-01294-AWI-GSA-PC
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THIS CASE
BE DISMISSED, WITH PREJUDICE, AS
DUPLICATIVE OF CASE 1:17-CV-01282GSA-PC
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN (14) DAYS

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I.

BACKGROUND

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Ray Yglesias (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on September 28, 2017. (ECF No. 1.) The court finds that this case is

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duplicative of another pending case filed by Plaintiff on September 27, 2017, and therefore

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recommends that this case be dismissed.

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II.

DUPLICATIVE CASES

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As a general matter, duplicative litigation of virtually identical causes of action is

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subject to dismissal under 28 U.S.C § 1915 as malicious. See Cato v. United States, 70 F.3d
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1103, 1105 n. 2 (9th Cir. 1995) (affirming that duplicative litigation is “an independent ground

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for dismissal”); see also Adams v. California, 487 F.3d 684, 692-93 (9th Cir. 2007) (dismissal

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of a duplicative lawsuit “promotes judicial economy and the comprehensive disposition of

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litigation,” finding that a plaintiff is required to bring all claims that relate to the same

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transaction or event at one time), overruled on other grounds by Taylor v. Sturgell, 553 U.S.

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880 (2008). Adams, 487 F.3d at 688 & n. 1.

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“There is no abuse of discretion where a district court dismisses under § 1915(d) a

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complaint ‘that merely repeats pending or previously litigated claims.’” Cato v. U.S., 70 F.3d

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1103, 1105 n. 2 (9th Cir. 1995) (quoting Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir.

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1988)); see also Denton v. Hernandez, 504 U.S. 25, 30, 112 S.Ct. 1728, 1733 (1992)

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(recognizing Congress’s concern that “a litigant whose filing fees and court costs are assumed

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by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing

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frivolous, malicious, or repetitive lawsuits”) (quotation omitted).

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“[I]n assessing whether the second action is duplicative of the first, we examine

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whether the causes of action and relief sought, as well as the parties or privies to the action, are

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the same.” Adams, 497 F.3d at 689 (citing see The Haytian Republic, 154 U.S. at 124 (“There

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must be the same parties, or, at least, such as represent the same interests; there must be the

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same rights asserted and the same relief prayed for; the relief must be founded upon the same

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facts, and the . . . essential basis, of the relief sought must be the same.” (internal quotation

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marks omitted)); Curtis v. Citibank, 226 F.3d 133, 140 (2d Cir. 2000) (holding that the trial

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court did not abuse its discretion in dismissing “Curtis II claims arising out of the same events

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as those alleged in Curtis I,” which claims “would have been heard if plaintiffs had timely

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raised them”); Serlin v. Arthur Andersen & Co., 3 F.3d 221, 223 (7th Cir. 1993) (“[A] suit is

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duplicative if the claims, parties, and available relief do not significantly differ between the two

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actions.” (internal quotation marks omitted)).

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III.

DISCUSSION

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Plaintiff has two civil rights cases pending before this court. The first case was filed on

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September 27, 2017, as case 1:17-cv-01282-GSA-PC (Yglesias v. Patel, et al.) (“17-1282”)

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(Court Record.) The second case is the present case, 1:17-cv-01294-AWI-GSA-PC (Yglesias

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v. Patel, et al.) (“17-1294”), filed on September 28, 2017. (ECF No. 1.)

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The Court has reviewed Plaintiff’s two cases and finds that both cases are civil rights

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actions pursuant to 42 U.S.C. § 1983, and the parties, allegations, claims, and requested relief

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are identical. The original complaints from both actions appear to be identical copies of each

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other, except for variation in the exhibits attached to the complaints. Based on these facts, the

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court finds the present case to be duplicative of case 17-1282. The court finds the variation in

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exhibits attached to the original complaints to be immaterial, given that Plaintiff may file an

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amended complaint as a matter of course in case 17-1282 if he so wishes.1 Because the present

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case was filed after case 17-1282 was filed, the court shall recommend that the present case be

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dismissed with prejudice.

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IV.

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CONCLUSION AND RECOMMENDATIONS
The court finds that the present case is duplicative of case 1:17-cv-01282-GSA-PC

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(Yglesias v. Patel, et al.).

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RECOMMENDED that:

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1.

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Therefore, based on the foregoing, IT IS HEREBY

This case be DISMISSED, with prejudice, as duplicative of case 1:17-cv-01282GSA-PC (Yglesias v. Patel, et al.); and

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2.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within

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fourteen (14) days from the date of service of these Findings and Recommendations, Plaintiff

The Clerk be directed to CLOSE this case.

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s
pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, a party may
amend only by leave of the court or by written consent of the adverse party, and leave shall be freely given when
justice so requires. Fed. R. Civ. P. 15(a). Because Plaintiff has not previously amended the Complaint in case 171282, and no responsive pleading has been served in this action, Plaintiff has leave to file an amended complaint
as a matter of course in case 17-1282.
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may file written objections with the court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394

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(9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

November 27, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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