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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONNIE LEE MOODY,
Plaintiff,

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United States District Court
Northern District of California

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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.

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§ 1983, along with an application to proceed in forma pauperis. The complaint makes the same

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claims of excessive force against officers at the San Francisco County Jail as the in forma pauperis

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complaint that Plaintiff filed in his earlier case, Moody v. Simms, et al., No. C 15-4198 JSC (PR).

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Plaintiff’s earlier case is currently pending. An in forma pauperis complaint that is duplicative

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insofar as it merely repeats claims raised in a prior case, like the complaint herein, may be

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considered abusive and dismissed under the authority of section 1915(e). Cato v. United States,

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70 F.3d 1103, 1105 n.2 (9th Cir. 1995); see also Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir.

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1988) (same). Any claims Plaintiff wishes to raise arising out of the events alleged in Plaintiff’s

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earlier case must be raised in that case, not in a complaint filed in a new case. Accordingly, this

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action is DISMISSED.

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The Clerk shall close the file and enter judgment.

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IT IS SO ORDERED.

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Dated: January 26, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge