Stephens v. Prandi et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge William Alsup on 06/06/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 6/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-2810 WHA (PR)

Plaintiff,
For the Northern District of California

United States District Court

DEAN PAUL STEPHENS,
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ORDER OF DISMISSAL

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v.
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CHARLES PRANDI; MICHAEL
SMITH;
Defendants.
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Plaintiff, currently incarcerated at the Atascadero State Hospital, filed a pro se civil

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rights complaint under 42 U.S.C. 1983 against officials of the Marin County Jail. He claims

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that in 1989 they removed his vertebrae and femurs, lost his testicles, and replaced them with

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the Sheriff’s ovaries.

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Plaintiff made the same claims in a prior complaint, Stephens v. Prandi, et al., No. C 11-

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4887 WHA (PR). That complaint was dismissed because claims are based on factual

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contentions that are clearly impossible, baseless, fantastic or delusional, and as such had to be

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dismissed as frivolous under 28 U.S.C. 1915(e)(2). See Denton v. Hernandez, 504 U.S. 25, 32

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(1992) (citing Section 1915(e)); Neitzke v. Williams, 490 U.S. 319, 328 (1989). Furthermore,

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even if some portion of the factual allegations could possibly be true, it was noted that the

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statute of limitations for plaintiff’s claims – at most four years from discovery of the factual

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predicate of the claim – had run. See Cal. Civ. Proc. Code 335.1 (allowing two years), 352.1(a)

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(allowing up to two years of tolling for incarceration).
The instant complaint is DISMISSED for the same reasons, and also because it duplicates

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the claims that plaintiff brought in his prior case. See Bailey v. Johnson, 846 F.2d 1019, 1021

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(5th Cir. 1988) (an in forma pauperis complaint repeating the same factual allegations asserted

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in an earlier case is subject to dismissal as duplicative); see also Cato v. United States, 70 F.3d

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1103, 1105 n.2 (9th Cir. 1995) (dismissing duplicative complaint).

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: June

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, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\CR.12\STEPHENS2810.DSM.wpd

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