Banks v. Cocas et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge James Donato on 11/7/17. (lrcS, COURT STAFF) (Filed on 11/7/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 FREDERICK BANKS, 7 Plaintiff, 8 ORDER OF DISMISSAL v. 9 DONOVAN COCAS, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 17-cv-04236-JD 12 Plaintiff, a state prisoner in Ohio, has filed a pro se civil rights complaint under 42 U.S.C. 13 14 ยง 1983. He has been granted leave to proceed in forma pauperis. Plaintiff presents allegations 15 against several United States Attorneys and Federal Judges in the Western District of 16 Pennsylvania. He also names the Federal Bureau of Investigation and the Central Intelligence 17 Agency as defendants. Plaintiff filed an earlier case with the same allegations against the same 18 defendants that was transferred to the Western District of Pennsylvania. See Banks v. Song, No. 19 17-cv-4100 JD. This case is DISMISSED as duplicative. See Adams v. Cal. Dept. of Health 20 Services, 487 F.3d 684, 688 (9th Cir. 2007).1 IT IS SO ORDERED. 21 22 Dated: November 7, 2017 23 24 JAMES DONATO United States District Judge 25 26 27 28 1 The Court notes that plaintiff has been declared a vexatious litigant in the Western District of Pennsylvania. See, e.g., Banks v. Babcock, No. 15-1584, 2017 WL 978101 (W.D. PA March 14, 2017). 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 FREDERICK BANKS, Case No. 17-cv-04236-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 DONOVAN COCAS, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on November 7, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Frederick Banks ID: 05711-068 Ohio Department of Rehabilitation and Correction 2440 Hubbard Road Youngstown, OH 44505 19 20 21 Dated: November 7, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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