Crittle v. Ezaz et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/25/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/27/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AJAMU CRITTLE, 15069-111,
Plaintiff(s),

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v.
BELEN EZAZ, et al.,
Defendant(s).

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No. C 13-0743 CRB (PR)
ORDER OF DISMISSAL

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Plaintiff, a prisoner at the Federal Detention Center in Dublin, California,

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has filed a pro se complaint under Bivens and FTCA alleging inadequate medical

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care. Plaintiff raised the same allegations and claims in a prior prisoner

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complaint, which is still pending. See Crittle v. Ezaz, No. C 13-0625 CRB (PR)

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(N.D. Cal. filed Feb. 13, 2013).

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A prisoner complaint that merely repeats pending or previously litigated

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

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

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

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forma pauperis complaint may be considered abusive and dismissed under 28

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

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claims raised herein in Crittle v. Ezaz, No. C 13-0625 CRB (PR), the instant

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complaint is deemed duplicative and abusive under § 1915A.

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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

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pending motions as moot, and close the file.

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SO ORDERED.

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DATED: Feb. 25, 2013

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.13\Crittle, A.13-0743.dismissal.wpd

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