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