Turner v. Townsend and Townsend and Crew LLP et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 3/29/11. (jjoS, COURT STAFF) (Filed on 3/29/2011)

Turner v. Townsend and Townsend and Crew LLP et al

Doc. 5

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, a California prisoner, has filed this pro se civil rights complaint under 42 U.S.C. § 1983. The complaint in this action makes the same claims against the same defendants as the in forma pauperis complaint filed in Plaintiff's earlier case, Turner v. Chung, et al., No. 11-0865 JSW (PR). The Court has dismissed Plaintiff's earlier case because the claims asserted therein are not cognizable. An in forma pauperis complaint, such as the complaint filed herein, that merely repeats pending or previously litigated claims may be considered abusive and dismissed under the authority of section 1915(e). Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995). An in forma pauperis complaint repeating the same factual allegations asserted in an earlier case, as here, is // // EDWARD LEE TURNER, Plaintiff, v. MEGAN M. CHUNG; GREGORY S. GILCHRIST; TOWNSEND, TOWNSEND & CREW, L.L.P., Defendants. __________________________________ ) ) ) ) ) ) ) ) ) ) No. C 11-1241 JSW (PR) ORDER OF DISMISSAL

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therefore subject to dismissal as duplicative. Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). Accordingly, this action is DISMISSED. The Clerk shall close the file and enter judgment in Defendants' favor. IT IS SO ORDERED. DATED: March 29, 2011

JEFFREY S. WHITE United States District Judge

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Edward L. Turner V-25872 Pleasant Valley State Prison PO Box 8500 Coalinga, CA 93210 Dated: March 29, 2011 v. MEGAN M CHUNG et al, Defendant. EDWARD L TURNER, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV11-01241 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 29, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk