Moody v. Chiba et al

Filing 7

ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 1/26/2016. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 1/26/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONNIE LEE MOODY, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 15-cv-05869-JSC ORDER OF DISMISSAL v. CHIBA, et al., Defendants. Plaintiff, a California prisoner, has filed this pro se civil rights complaint under 42 U.S.C. 13 § 1983, along with an application to proceed in forma pauperis. The complaint makes the same 14 claims of excessive force against officers at the San Francisco County Jail as the in forma pauperis 15 complaint that Plaintiff filed in his earlier case, Moody v. Simms, et al., No. C 15-4198 JSC (PR). 16 Plaintiff’s earlier case is currently pending. An in forma pauperis complaint that is duplicative 17 insofar as it merely repeats claims raised in a prior case, like the complaint herein, may be 18 considered abusive and dismissed under the authority of section 1915(e). Cato v. United States, 19 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); see also Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 20 1988) (same). Any claims Plaintiff wishes to raise arising out of the events alleged in Plaintiff’s 21 earlier case must be raised in that case, not in a complaint filed in a new case. Accordingly, this 22 action is DISMISSED. 23 The Clerk shall close the file and enter judgment. 24 IT IS SO ORDERED. 25 Dated: January 26, 2016 26 27 28 JACQUELINE SCOTT CORLEY United States Magistrate Judge

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