Ke v. Romeo

Filing 4

ORDER of Dismissal. Signed by Judge Edward M. Chen on 11/30/2017. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 11/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUI LIAN KE,
Plaintiff,

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Case No. 17-cv-05973-EMC
ORDER OF DISMISSAL

v.

Docket No. 1
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Defendant.

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For the Northern District of California

United States District Court

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SUZANNE ROMERO,

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Hui Lian Ke, also known as Lily Ko, filed this pro se civil rights action pursuant to 42

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U.S.C. § 1983. At the time she filed the action, Plaintiff was an inmate at the Santa Clara County

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Jail and has since been transferred to Napa State Hospital. The complaint is largely

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incomprehensible but attempts to allege claims about the removal of her two children from their

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home on or about May 6, 2014, by defendant.

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The complaint in this action repeats claims made in Ki v. Romero, Case No. 17-cv-5666 SI.

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Although they espouse different legal theories, both complaints concern an incident on May 6,

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2014, and both have the same defendant. The earlier action is still pending.

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The complaint in this action is frivolous because it is duplicative of the complaint filed in

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the earlier action. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); Bailey v.

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Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988) (duplicative or repetitious litigation of virtually

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identical causes of action is subject to dismissal under 28 U.S.C. § 1915 as malicious); see also

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Adams v. California Dept. of Health Services, 487 F.3d 684, 689 (9th Cir. 2007) (“Plaintiffs

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generally have „no right to maintain two separate actions involving the same subject matter at the

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same time in the same court and against the same defendant.‟”)

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Accordingly, this action is DISMISSED with prejudice because it is frivolous. The Clerk
shall close the file.

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IT IS SO ORDERED.

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Dated: November 30, 2017
______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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