Crump v. Mostafanejad et al

Filing 3

ORDER of Dismissal and order denying 2 Motion for Leave to Proceed in forma pauperis by Judge Charles R. Breyer (Attachments: # 1 Certificate of Service) (be, COURT STAFF) (Filed on 2/9/2006)

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Crump v. Mostafanejad et al Doc. 3 Case 3:06-cv-00742-CRB Document 3 Filed 02/09/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. E. MOSTAFANEJAD, et al., Defendant(s). STEPHEN CRUMP, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 06-0742 CRB (PR) ORDER OF DISMISSAL (Doc # 2) Plaintiff, a prisoner at the California Men's Colony in San Luis Obispo, California ("CMC"), has filed a pro se complaint under 42 U.S.C. 1983 alleging that reception center counselors at San Quentin State Prison ("SQSP") misclassified him as a mental health needs prisoner and improperly placed him at CMC. Plaintiff raised the same allegations in two prior prisoner complaints, which were dismissed on January 25, 2006. See Crump v. Coo, No. C 06-0267 CRB (PR) (N.D. Cal. Jan. 25, 2006) (order of dismissal); Crump v. Mostafanejad, No. C 06-0268 CRB (PR) (N.D. Cal. Jan. 25, 2006) (same). A prisoner complaint that merely repeats pending or previously litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. 1915A. Cf. Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in Dockets.Justia.com Case 3:06-cv-00742-CRB Document 3 Filed 02/09/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 forma pauperis complaint may be considered abusive and dismissed under 28 U.S.C. 1915). Because plaintiff raised and litigated the same allegations and claims raised herein in civil cases 06-0267 and 06-0268, the instant complaint is deemed duplicative and abusive under 1915A. See id. Plaintiff's request to proceed in forma pauperis (doc # 2) is DENIED and the complaint is DISMISSED under the authority of 28 U.S.C. 1915A(b). The clerk shall enter judgment in accordance with this order and close the file. No fee is due. SO ORDERED. DATED: Feb. 8, 2006 CHARLES R. BREYER United States District Judge 2

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