Creeks v. Pelican Bay State Prison

Filing 3

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 2/13/06. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 2/14/2006)

Download PDF
Creeks v. Pelican Bay State Prison Doc. 3 Case 3:06-cv-00854-CRB Document 3 Filed 02/14/2006 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. JOHN DOE, et al., Defendant(s). KYLO WINDFRED CREEKS, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 06-0854 CRB (PR) ORDER OF DISMISSAL Plaintiff, a prisoner currently incarcerated at California State Prison, Solano ("CSP SOL"), has filed a pro se civil rights complaint under 42 U.S.C. 1983 seeking damages for injuries suffered when he was shot "in the back" by a correctional officer during a riot at Pelican Bay State Prison ("PBSP") on February 23, 2000. Plaintiff previously raised and litigated the same allegations in a prior prisoner complaint, however. See Creeks v. McGrath, No. C 04-2191 CRB (PR) (N.D. Cal. Apr. 13, 2005) (clerk's judgment in favor of defendants). 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 forma pauperis complaint may be considered abusive and dismissed under 28 U.S.C. 1915). Because plaintiff raised and litigated the same allegations and Dockets.Justia.com Case 3:06-cv-00854-CRB Document 3 Filed 02/14/2006 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 claims raised herein in Creeks v. McGrath, No. C 04-2191 CRB (PR), the instant complaint is deemed duplicative and abusive under 1915A. Plaintiff's request to proceed in forma pauperis is DENIED and the complaint is DISMISSED under the authority of 28 U.S.C. 1915A. The clerk shall close the file and terminate all pending motions as moot. No fee is due. SO ORDERED. DATED: Feb. 13, 2006 CHARLES R. BREYER United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?