Weaver v. Lewis et al

Filing 6

ORDER DISMISSING CASE; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 7/23/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 7/23/2014)

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1 *E-Filed 7/23/14* 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 WILLIE WEAVER, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C 14-2771 RS (PR) ORDER OF DISMISSAL; v. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS WARDEN GREG LEWIS, et al., Defendants. / 13 14 Plaintiff’s allegations that bad air is causing him to cough himself awake at night have 15 been raised in other actions, e.g., Weaver v. First Watch, et al., 14-cv-00005-RS (dismissed 16 for failure to state a claim), Weaver v. First Watch, et al., 14-cv-00453-RS (same), Weaver v. 17 First Watch, et al., 14-cv-00685-RS (dismissed as duplicative), Weaver v. Sleep Deprivation, 18 et al., 14-cv-01172-RS (same), and Weaver v. First Watch, 14-cv-02493-RS (same). 19 Accordingly, this civil rights action is DISMISSED with prejudice as duplicative. Adams v. 20 Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). Plaintiff’s application to 21 proceed in forma pauperis (Docket No. 5) is DENIED because the action is frivolous, the 22 claims having been raised and rejected in other actions. Tripati v. First Nat. Bank & Trust, 23 821 F.2d 1368, 1370 (9th Cir. 1987). The Clerk shall enter judgment in favor of defendants, 24 terminate Docket No. 5, and close the file. 25 26 27 IT IS SO ORDERED. DATED: July 23, 2014 RICHARD SEEBORG United States District Judge 28 No. C 14-2771 RS (PR) ORDER OF DISMISSAL

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