Weaver v. Sleep Deprivations et al

Filing 4

ORDER DISMISSING CASE; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 9/10/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 9/10/2014)

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1 *E-Filed 9/10/14* 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 14-3835 RS (PR) ORDER OF DISMISSAL; v. ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS SLEEP DEPRIVATIONS, 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 and have been dismissed, e.g., Weaver v. First Watch, et al., 16 14-cv-00005-RS (dismissed for failure to state a claim), Weaver v. First Watch, et al., 17 14-cv-00453-RS (same), Weaver v. First Watch, et al., 14-cv-00685-RS (dismissed as 18 duplicative), Weaver v. Sleep Deprivation, et al., 14-cv-01172-RS (same), and Weaver v. 19 First Watch, 14-cv-02493-RS (same). Accordingly, this civil rights action is DISMISSED 20 with prejudice as duplicative. Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 21 (9th Cir. 2007). Plaintiff’s application to proceed in forma pauperis (Docket No. 3) is 22 DENIED because the action is frivolous, the claims having been raised and rejected in other 23 actions. Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). The Clerk 24 shall enter judgment in favor of defendants, terminate Docket No. 3, and close the file. 25 IT IS SO ORDERED. 26 DATED: September 10, 2014 27 RICHARD SEEBORG United States District Judge 28 No. C 14-3835 RS (PR) ORDER OF DISMISSAL

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