Lee v. Salinas Valley Prison Warden

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/21/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/27/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

GEORGE LEE, E15396,

11

Plaintiff(s),

12
13
14

v.
SALINAS VALLEY STATE PRISON,
Defendant(s).

)
)
)
)
)
)
)
)
)
)

No. C 12-5153 CRB (PR)
ORDER OF DISMISSAL

15
16

Plaintiff, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro

17

se complaint under 42 U.S.C. § 1983 alleging denial of access to the courts.

18

Plaintiff raised the same allegations and claim in a prior prisoner complaint,

19

which is still pending. See Lee v. Hedgpeth, No. C 12-5003 CRB (PR) (N.D.

20

Cal. filed Sept. 25, 2012).

21

A prisoner complaint that merely repeats pending or previously litigated

22

claims may be considered abusive and dismissed under the authority of 28 U.S.C.

23

§ 1915A. Cf. Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995)

24

(citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in

25

forma pauperis complaint may be considered abusive and dismissed under 28

26

U.S.C. § 1915). Because plaintiff raised and is litigating the same allegations and

27

claim raised herein in Lee v. Hedgpeth, No. C 12-5003 CRB (PR), the instant

28

complaint is deemed duplicative and abusive under § 1915A. That plaintiff adds

1

an new defendant in this later-filed action does not compel a different result. See

2

Bailey, 846 F.2d at 1021 (complaint repeating same allegations asserted in earlier

3

case, even if now filed against new defendants, is subject to dismissal as

4

duplicative).

5
6
7

The complaint is DISMISSED as duplicative under the authority of 28
U.S.C. § 1915A(b).
The clerk shall enter judgment in accordance with this order, terminate all

8

pending motions as moot, and close the file.

9

SO ORDERED.

10

DATED: Feb. 21, 2013
CHARLES R. BREYER
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
G:\PRO-SE\CRB\CR.12\Lee, G.12-5153.dismissal.wpd

27
28

2