Weaver v. Warden et al

Filing 4

ORDER DISMISSING CASE; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 9/22/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 9/22/2014)

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*E-Filed 9/22/14*

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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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IN RE WILLIE WEAVER,

No. C 14-3966 RS (PR)
No. C 14-4014 RS (PR)

Plaintiff.
ORDER OF DISMISSAL;

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/

United States District Court
For the Northern District of California

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ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

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Plaintiff alleges in both civil rights actions that bad air is causing him to cough

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himself awake at night. These claims have been raised in other actions and have been

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dismissed, e.g., Weaver v. First Watch, et al., 14-cv-00005-RS (dismissed for failure to state

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

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

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14-cv-01172-RS (same), and Weaver v. First Watch, 14-cv-02493-RS (same). Accordingly,

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these civil rights actions are DISMISSED with prejudice as duplicative. Adams v. Cal. Dept.

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of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). His applications to proceed in forma

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pauperis (Docket No. 3) are DENIED because the action is frivolous, the claims having been

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raised and rejected in other actions. Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370

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(9th Cir. 1987). In each action, the Clerk shall enter judgment in favor of defendants,

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terminate Docket No. 3, and close the file.

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IT IS SO ORDERED.

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DATED: September 22, 2014

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RICHARD SEEBORG
United States District Judge

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No. C 14-3966 RS (PR)
No. C 14-4014 RS (PR)
ORDER OF DISMISSAL