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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1 *E-Filed 9/22/14* 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN FRANCISCO DIVISION 6 7 8 IN RE WILLIE WEAVER, No. C 14-3966 RS (PR) No. C 14-4014 RS (PR) Plaintiff. ORDER OF DISMISSAL; 9 / United States District Court For the Northern District of California 10 ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS 11 12 Plaintiff alleges in both civil rights actions that bad air is causing him to cough 13 himself awake at night. These claims have been raised in other actions and have been 14 dismissed, e.g., Weaver v. First Watch, et al., 14-cv-00005-RS (dismissed for failure to state 15 a claim), Weaver v. First Watch, et al., 14-cv-00453-RS (same), Weaver v. First Watch, et 16 al., 14-cv-00685-RS (dismissed as duplicative), Weaver v. Sleep Deprivation, et al., 17 14-cv-01172-RS (same), and Weaver v. First Watch, 14-cv-02493-RS (same). Accordingly, 18 these civil rights actions are DISMISSED with prejudice as duplicative. Adams v. Cal. Dept. 19 of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). His applications to proceed in forma 20 pauperis (Docket No. 3) are DENIED because the action is frivolous, the claims having been 21 raised and rejected in other actions. Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 22 (9th Cir. 1987). In each action, the Clerk shall enter judgment in favor of defendants, 23 terminate Docket No. 3, and close the file. 24 IT IS SO ORDERED. 25 DATED: September 22, 2014 26 RICHARD SEEBORG United States District Judge 27 28 No. C 14-3966 RS (PR) No. C 14-4014 RS (PR) ORDER OF DISMISSAL

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