Weaver v. First Watch et al

Filing 4

ORDER OF DISMISSAL; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 7/10/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 7/10/2014)

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*E-Filed 7/10/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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WILLIE WEAVER,
Plaintiff,

United States District Court
For the Northern District of California

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No. C 14-2493 RS (PR)
ORDER OF DISMISSAL;

v.

ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

FIRST WATCH, et al.,
Defendants.
/

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Plaintiff’s allegations that bad air is causing him to cough himself awake at night have

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been raised in other actions, e.g., Weaver v. First Watch, et al., 14-cv-00005-RS (dismissed

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for failure to state a claim), Weaver v. First Watch, et al., 14-cv-00453-RS (same), Weaver v.

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First Watch, et al., 14-cv-00685-RS (dismissed as duplicative), and Weaver v. Sleep

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Deprivation, et al., 14-cv-01172-RS (same). Accordingly, this civil rights action is

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DISMISSED with prejudice as duplicative. Adams v. Cal. Dept. of Health Services, 487 F.3d

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684, 688 (9th Cir. 2007). Plaintiff’s application to proceed in forma pauperis (Docket No. 3)

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is DENIED because the action is frivolous, the claims having been raised and rejected in

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other actions. Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). The

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Clerk shall enter judgment in favor of defendants, terminate Docket No. 3, and close the file.

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IT IS SO ORDERED.
DATED: July 10, 2014
RICHARD SEEBORG
United States District Judge

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No. C 14-2493 RS (PR)
ORDER OF DISMISSAL