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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 EARL WARNER, Case No. 16-cv-04345-YGR (PR) Plaintiff, 5 ORDER OF DISMISSAL v. 6 7 RABBI Y. FRIEDMAN, et al., Defendants. 8 9 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) 11 United States District Court Northern District of California 10 (N.D. Cal. filed October 13, 2011). He also seeks leave to proceed in forma pauperis under 28 12 U.S.C. § 1915, which will be resolved in a separate written Order. 13 Plaintiff should not have filed a duplicative complaint in a new action, but, instead, he 14 should have sought enforcement of the settlement agreement in his earlier case. The Court may 15 dismiss as frivolous a complaint that merely repeats pending or previously litigated claims. 28 16 U.S.C. § 1915A. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); Bailey v. 17 Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). Accordingly, the instant action is DISMISSED as 18 duplicative. If Plaintiff wishes to pursue a motion to enforce the settlement agreement in Case No. 19 C 11-5039 YGR (PR), he may file such a motion in his earlier action. Plaintiff must clearly 20 indicate the case number of that action— Case No. C 11-5039 YGR (PR)—and he must entitle it: 21 “Motion to Enforce Settlement Agreement.” 22 For the foregoing reasons, Plaintiff’s instant action is DISMISSED as duplicative. 28 23 U.S.C. § 1915A (b)(1). The Clerk of the Court shall enter judgment, terminate all pending 24 motions as moot, and close the file. 25 26 27 28 IT IS SO ORDERED. Dated: January 11, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge

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