Warner v. Friedman et al

Filing 4

ORDER DISMISSING CASE AS DUPLICATIVE. Signed by Judge Yvonne Gonzalez Rogers on 1/11/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EARL WARNER,

Case No. 16-cv-04345-YGR (PR)

Plaintiff,
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ORDER OF DISMISSAL
v.

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RABBI Y. FRIEDMAN, et al.,
Defendants.

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Plaintiff filed the instant pro se complaint under 42 U.S.C. § 1983, in which he seeks
enforcement of a settlement agreement reached in his earlier case, Case No. C 11-5039 YGR (PR)

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United States District Court
Northern District of California

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(N.D. Cal. filed October 13, 2011). He also seeks leave to proceed in forma pauperis under 28

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U.S.C. § 1915, which will be resolved in a separate written Order.

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Plaintiff should not have filed a duplicative complaint in a new action, but, instead, he

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should have sought enforcement of the settlement agreement in his earlier case. The Court may

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dismiss as frivolous a complaint that merely repeats pending or previously litigated claims. 28

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U.S.C. § 1915A. 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). Accordingly, the instant action is DISMISSED as

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duplicative. If Plaintiff wishes to pursue a motion to enforce the settlement agreement in Case No.

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C 11-5039 YGR (PR), he may file such a motion in his earlier action. Plaintiff must clearly

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indicate the case number of that action— Case No. C 11-5039 YGR (PR)—and he must entitle it:

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“Motion to Enforce Settlement Agreement.”

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For the foregoing reasons, Plaintiff’s instant action is DISMISSED as duplicative. 28

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U.S.C. § 1915A (b)(1). The Clerk of the Court shall enter judgment, terminate all pending

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motions as moot, and close the file.

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IT IS SO ORDERED.
Dated: January 11, 2017
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YVONNE GONZALEZ ROGERS
United States District Judge