Chavira v. Bell

Filing 8

Order dismissing civil action as frivolous and denying 6 Motion for Leave to Proceed in forma pauperis as moot. Motion is Denied pursuant to 28 USC 1915(g). Signed by Judge Janis L. Sammartino on 8/20/2012. (All non-registered users served via U.S. Mail Service)(jao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RUBEN MIJEL CHAVIRA,
CDCR #F-33253,
Plaintiff,

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vs.

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Civil No.

D.W. BELL,

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Defendant.

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12cv1773 JLS (WVG)

ORDER DISMISSING CIVIL
ACTION AS FRIVOLOUS
PURSUANT TO 28 U.S.C.
§ 1915A(b)(1) AND DENYING
MOTION TO PROCEED
IN FORMA PAUPERIS
AS MOOT
(ECF No. 6)

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Ruben Mijel Chavira (“Plaintiff”), currently incarcerated at Kern Valley State Prison

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located in Delano, California, and proceeding pro se, initially submitted a civil rights

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Complaint pursuant to 28 U.S.C. § 1983 in the Northern District of California. (Compl.,

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ECF No. 1) U.S. District Judge Claudia Wilkin determined that venue was proper in the

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Southern District of California and transferred the matter on July 17, 2012. (See Transfer

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Order, ECF No. 3) Plaintiff has not prepaid the $350 filing fee mandated by 28 U.S.C.

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§ 1914(a); instead, he has filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to

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28 U.S.C. § 1915(a). (IFP Mot., ECF No. 6)

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12cv1773 JLS (WVG)

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I.

Sua Sponte Screening Pursuant to 28 U.S.C. § 1915A(b)

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As amended by The Prison Litigation Reform Act, 28 U.S.C. § 1915A obligates the

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Court to review complaints filed by anyone “incarcerated or detained in any facility who is

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accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or the

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terms or conditions of parole, probation, pretrial release, or diversionary program,” “as soon

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as practicable after docketing” and regardless of whether the prisoner prepays filing fees or

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moves to proceed IFP. See 28 U.S.C. § 1915A(a), (c). The Court must sua sponte dismiss

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prisoner complaints, or any portions thereof, which are frivolous, malicious, or fail to state a

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claim upon which relief may be granted. 28 U.S.C. § 1915A(b); Rhodes v. Robinson, 621

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F.3d 1002, 1004 (9th Cir. 2010).
Plaintiff’s Complaint is subject to sua sponte dismissal pursuant to 28 U.S.C.

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§ 1915A(b)(1) because it is duplicative of a Complaint he has already filed in another civil

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action. Indeed, Plaintiff’s Complaint contains identical allegations against the same

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defendants already brought before U.S. District Judge Dana M. Sabraw in Chavira v. Bell,

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S.D. Cal. Civil Case No. 11cv2858 DMS (RBB). A court “‘may take notice of proceedings

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in other courts, both within and without the federal judicial system, if those proceedings have

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a direct relation to matters at issue.’” Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007)

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(quoting Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002)).
A prisoner’s complaint is considered frivolous under 28 U.S.C. § 1915A(b)(1) if it

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“merely repeats pending or previously litigated claims.” Cato v. United States, 70 F.3d

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1103, 1105 n.2 (9th Cir. 1995) (construing former 28 U.S.C. § 1915(d)) (internal quotations

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omitted) (citations omitted). Thus, because Plaintiff has already filed the same Complaint he

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has filed in this action in Chavira v. Bell, S.D. Cal. Civil Case No. 11cv2858 DMS (RBB),

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the Court hereby DISMISSES S.D. Cal. Civil Case No. 12cv1773 JLS (WVG) pursuant to

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28 U.S.C. § 1915A(b)(1). See Cato, 70 F.3d at 1105 n.2; Rhodes, 621 F.3d at 1004.

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12cv1773 JLS (WVG)

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II.

Conclusion and Order

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Good cause appearing, IT IS HEREBY ORDERED that:

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Plaintiff’s Complaint in Civil Case No. 12cv1773 JLS (WVG) is DISMISSED as

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frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and Plaintiff’s Motion to Proceed IFP (ECF

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No. 6) is DENIED as moot. The Clerk shall close the file.

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DATED: August 20, 2012
Honorable Janis L. Sammartino
United States District Judge

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12cv1773 JLS (WVG)