Newton v. San Quentin State Prison Organization

Filing 6

ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Alsup on 9/22/15. (whalc1, COURT STAFF) (Filed on 9/22/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CARDELL NEWTON,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 15-03217 WHA

v.

ORDER DISMISSING CASE

SAN QUENTIN STATE PRISON,
Defendant.
/
Pro se plaintiff in the above-captioned matter has already paid the filing fee, and he is no

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longer in prison, so his complaint is not subject to any pre-screening process. Defendant has

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not been served. Plaintiff was ordered to show cause why the above-captioned matter should

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not be dismissed as duplicative of the complaint in Newton v. San Quentin State Prison, No. 13-

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3719, ECF No. 9 (Dec. 12, 2013) (Judge Joseph Spero), which was dismissed with prejudice.

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In both cases, plaintiff alleged that he was deprived of his constitutional rights because

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defendant San Quentin State Prison delayed in mailing legal documents necessary to his appeal

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of his habeas petition, and his appeal was subsequently denied. Plaintiff’s response to the order

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to show cause herein restates that allegation. Plaintiff also notes that defendant denied him

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access to the law library, however, that fact is not alleged in his complaint and pertains to the

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same alleged injury, namely, the denial of his appeal.

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This order finds that this case is duplicative of plaintiff’s 2013 case, which was already

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resolved on the merits, so it is barred by res judicata. Accordingly, this case is hereby

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DISMISSED. The Clerk shall CLOSE THE FILE.

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IT IS SO ORDERED.

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Dated: September 22, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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