Sessoms v. Keller et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/21/2017 GRANTING plaintiff's 2 request to proceed IFP. This action is DISMISSED without prejudice. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIO DINERO SESSOMS,

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No. 2:17-cv-0304 CKD P

Plaintiff,
v.

ORDER

JOHN PATRICK KELLER, et al.,
Defendants.

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Plaintiff is a county jail inmate proceeding pro se with a complaint pursuant to 42 U.S.C.

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§ 1983. (ECF No. 1.) He has consented to the jurisdiction of a Magistrate Judge to conduct all

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proceedings in this action. (ECF No. 4.)

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Plaintiff requests leave to proceed in forma pauperis. Since plaintiff has submitted a

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declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.

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Plaintiff’s complaint, filed on February 13, 2017, names as defendants Sacramento

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detectives involved in the investigation leading up to plaintiff’s 2001 murder conviction, vacated

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in 2015 on habeas review. See Sessoms v. Runnels, No. 2:05-cv-1221 JAM GGH P (E.D. Cal.).

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The court’s own records reveal that on August 17, 2016, plaintiff filed a civil rights

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complaint containing similar allegations against defendants Keller, Woods, and other Sacramento

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police officers. Sessoms v. Keller, No. 16-cv-1943 EFB (E.D. Cal.). That case is still pending.

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Due to the duplicative nature of the present action, the court will dismiss the complaint.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to proceed in forma pauperis is granted; and

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2. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b).

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Dated: March 21, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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