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Pittman v. Moore

United States Court of Appeals, Fifth Circuit
Jan 8, 1993
980 F.2d 994 (5th Cir. 1993)

Summary

holding that a district court may dismiss duplicative complaints under § 1915(e)

Summary of this case from Gause v. Court of Common Pleas

Opinion

No. 92-2688 Summary Calendar.

January 8, 1993.

Wesley Lynn Pittman, pro se.

No attys. for defendants-appellees.

Appeal from the United States District Court for the Southern District of Texas.

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.


Appellant Pittman filed a pro se in forma pauperis § 1983 complaint against TDC-IJ prison officials alleging four general claims: retaliatory punishment for his filing a lawsuit; the conduct of an improper strip search and sexual harassment; unnecessary use of excessive force; and denial of access to the courts. The district court, upon conducting a Spears hearing, ascertained from Pittman that his claims were the same as those currently pending before another district court in the Southern District of Texas. On this basis, the district court concluded that the instant case was "malicious" because it constituted repetitive litigation, and the court dismissed Pittman's complaint pursuant to 28 U.S.C. § 1915(d). We affirm.

Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

In Wilson v. Lynaugh, 878 F.2d 846, 849 (5th Cir.), cert. denied, 493 U.S. 969, 110 S.Ct. 417, 107 L.Ed.2d 382 (1989), this court held that in forma pauperis complaints may be dismissed as frivolous if they seek to relitigate claims that allege substantially the same facts arising from a common series of events which have already been unsuccessfully litigated by the plaintiff. 878 F.2d at 850. Wilson did not discuss dismissal of pauper complaints that are duplicative of still-pending lawsuits filed by the same plaintiff, but it essentially held that pauper status does not entitle a plaintiff to avoid the ordinary rules of res judicata. Under § 1915(d), a pauper's complaint may be dismissed if the district court is "satisfied that the action is frivolous or malicious." The court here held that it is "malicious" for a pauper to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff. We agree.

In forma pauperis plaintiffs have no preferred status as litigants in respect to the procedures with which they must comply. A district court would be fully justified in dismissing a non-pauper complaint that is duplicative of prior federal court litigation then being pursued by the same plaintiff. The court might alternatively consolidate the two actions, but it need not do so. Either of these steps may be taken with regard to IFP lawsuits. Ordinarily, as occurred here, the district court confronted with the later-filed action should dismiss it in favor of the case that was filed earlier. When declaring that a successive in forma pauperis suit is "malicious" the court should insure that the plaintiff obtains one bite at the litigation apple — but not more.

Because of the basis of the dismissal, it should have been without prejudice to Pittman's prosecution of the duplicative pending suit (including any assertions therein of any of the claims in the instant suit) — the duplicative pending suit being Civil Action No. G-88-169, Pittman v. Lynaugh, Southern District of Texas — and we modify the judgment accordingly.

For these reasons, the judgment is hereby MODIFIED so that the dismissal is without prejudice as aforesaid to appellant's prosecution of said cause No. G-88-169, and is otherwise with prejudice, and the judgment as so modified is AFFIRMED.

MODIFIED, and AFFIRMED as MODIFIED.


Summaries of

Pittman v. Moore

United States Court of Appeals, Fifth Circuit
Jan 8, 1993
980 F.2d 994 (5th Cir. 1993)

holding that a district court may dismiss duplicative complaints under § 1915(e)

Summary of this case from Gause v. Court of Common Pleas

holding that it is malicious for a “pauper” to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Meadows v. State

holding that it is malicious for a “pauper” to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Wilkins v. Widmar

holding that it is malicious for a “pauper” to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Morales v. Hutchings

holding that a district court may dismiss a lawsuit as “malicious” if the suit “duplicates allegations of another pending federal lawsuit by the same plaintiff”

Summary of this case from Graham v. Savage

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Johnson v. Nev. Dep't of Parole & Prob.

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Perez v. Nash

holding that it is malicious for a plaintiff with in forma pauperis status to file a lawsuit that duplicates allegations of another pending lawsuit brought by the same plaintiff

Summary of this case from Charles v. Neal

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Fulkerson v. Pub. Utils. Comm'n of Nev.

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Fulkerson v. Allstate Ins.

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Crabtree v. Wehrly

holding that it is malicious for a plaintiff to file a lawsuit under the in forma pauperis statute that duplicates allegations of another pending lawsuit

Summary of this case from Jones v. Mooney

holding that it is malicious for a plaintiff to file a lawsuit under the in forma pauperis statute that duplicates allegations of another pending lawsuit

Summary of this case from Jones v. Mooney

holding that a district court may dismiss duplicative complaints under § 1915(e)

Summary of this case from Wallace v. IdeaVillage Prods. Corp.

holding court may dismiss a lawsuit as "malicious" if the suit "duplicates allegations of another pending federal lawsuit by the same plaintiff"

Summary of this case from Dixon v. Hall

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Morris v. Nev. Gaming Control Bd.

holding that it is malicious for a plaintiff to file a lawsuit under the in forma pauperis statute that duplicates allegations of another pending lawsuit

Summary of this case from Scott v. Orr

holding "a district court may dismiss a lawsuit as 'malicious' if the suit 'duplicates allegations of another pending federal lawsuit by the same plaintiff'"

Summary of this case from Darnell v. Faris

holding "it is 'malicious' for a pauper to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff."

Summary of this case from Lewis v. Bolton

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Helfrich v. Nevada ex rel. Attorney Gen. of Nev.

holding that it is malicious for a "pauper" to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff

Summary of this case from Alexander v. NDOC

Holding that an action is "malicious" within the meaning of § 1915 if it "duplicates allegations of another pending federal lawsuit by the same plaintiff."

Summary of this case from Kakosch v. Siemens Corp.

holding claims which duplicate claims pending in another federal action by the same plaintiff are "malicious"

Summary of this case from Johnson v. Lee

holding that it is malicious for a plaintiff to file a lawsuit under the in forma pauperis statute that duplicates allegations of another pending lawsuit

Summary of this case from Holland v. Lake Cnty. Mun. Govt.

holding that actions which seek to "merely repeat previously litigated claims may be dismissed as malicious"

Summary of this case from Brett v. Hansen
Case details for

Pittman v. Moore

Case Details

Full title:WESLEY LYNN PITTMAN, PLAINTIFF-APPELLANT, v. K. MOORE, ET AL.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 8, 1993

Citations

980 F.2d 994 (5th Cir. 1993)

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