Harnden et al v. Ayers et al

Filing 3

ORDER DISMISSING CASE. Signed by Judge William Alsup on 11/30/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 11/30/2009)

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United States District Court

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For the Northern District of California

JEFF S. HARNDEN, Plaintiff, v. GLOVER; ROBERT AYERS; W.E. MURRAY; A. SCRIBNER; CHUCK TWEED; H. LIDDICOTE; V. LOPEZ, Defendants. /

No. C 09-5218 WHA (PR) ORDER OF DISMISSAL

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Plaintiff, a California state prisoner proceeding pro se, filed this case civil rights case. The complaint in this matter is an exact copy of the plaintiff filed in prior case that is currently pending in this court, case number C 09-4956 WHA (PR). Duplicative or repetitious litigation of virtually identical causes of action is subject to dismissal under 28 U.S.C. 1915 as malicious. Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). "Dismissal of the duplicative lawsuit, more so than the issuance of a stay or the enjoinment of proceedings, promotes judicial economy and the `comprehensive disposition of litigation.'" Adams v. California, 487 F.3d 684, 692-93, 694 (9th Cir. 2007) (citation omitted). Further, plaintiff has written on the top of the copy of the complaint filed herein "Original prison stole legal mail." This appears to indicate that plaintiff was simply sending in another copy of his complaint because he thought the prior copy had not arrived at the court, and that he did not intend for the instant complaint to

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be opened in a new case. As plaintiff's complaint is a copy of a prior complaint filed in an earlier case, this case is DISMISSED as duplicative. The clerk shall close the file. IT IS SO ORDERED. Dated: November 30 , 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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G:\PRO-SE\W HA\CR.09\HARNDEN5218.DSM-DUP.wpd

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