George v. Unknown - name not given

Filing 3

ORDER DISMISSING CASE. Signed by Judge Claudia Wilken on 8/1/07. (scc, COURT STAFF) (Filed on 8/1/2007)

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George v. Unknown - name not given Doc. 3 Case 4:07-cv-03697-CW Document 3 Filed 08/01/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOHN DOE, Defendant. / JOSEPH GEORGE, Plaintiff, No. C 07-03697 CW (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiff, a state prisoner, filed the instant pro se prisoner complaint under 42 U.S.C. 1983. Plaintiff raised the same allegations in another pending prisoner complaint filed in this Court. See George v. Doe, No. C 07-3674 CW (PR). A prisoner complaint that merely repeats pending litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. 1915A. Cf. Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in forma pauperis complaints may be considered abusive and dismissed under 28 U.S.C. 1915). Therefore, the instant complaint is deemed duplicative and abusive under 1915A. Dockets.Justia.com Case 4:07-cv-03697-CW Document 3 Filed 08/01/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's request to proceed in forma pauperis is DENIED and the complaint is DISMISSED under the authority of 28 U.S.C. 1915A(b). The Clerk of the Court shall enter judgment in accordance with this Order, terminate all pending motions, and close the file. filing fee is due. IT IS SO ORDERED. Dated: 8/1/07 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE No 2 Case 4:07-cv-03697-CW Document 3 Filed 08/01/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH GEORGE, Plaintiff, v. / et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-03697 CW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 1, 2007, 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. Joseph A. George T-79867 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: August 1, 2007 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 3

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