From Casetext: Smarter Legal Research

Scott v. Ryan

United States District Court, N.D. California
Jun 4, 2003
No. C 03-2202 MMC (PR) (N.D. Cal. Jun. 4, 2003)

Summary

In Scott, Judge Chesney observed that "[i]n 1996, a new statute was enacted, mandating dismissal of 'frivolous' or 'malicious' claims brought by a prisoner against a government defendant, regardless of whether the prisoner is proceeding in forma pauperis or, as plaintiff here, has paid the filing fee."

Summary of this case from Webb v. Noonan

Opinion

No. C 03-2202 MMC (PR).

June 4, 2003.


ORDER OF DISMISSAL


Dane Scott ("plaintiff"), a California Prisoner, filed the above-titled action on May 12, 2003, and paid the filing fee. The complaint makes the same allegations and claims against the same individuals as the complaint filed by plaintiff in an earlier action that was dismissed for failure to state a cognizable basis for relief. See Scott v. Ryan, et al., No. C 01-4096 MMC (PR). A complaint filed by a prisoner proceeding in forma pauperis, such as the complaint in this case, that merely repeats pending or previously litigated claims may be considered abusive and dismissed as frivolous or malicious under 28 U.S.C. § 1915. See Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). Cato and Bailey were decided under 28 U.S.C. § 1915(d), which allowed the court to dismiss an in forma pauperis action brought by a prisoner, where the court was satisfied that the action was "frivolous or malicious." In 1996, a new statute was enacted, mandating dismissal of "frivolous" or "malicious" claims brought by a prisoner against a government defendant, regardless of whether the prisoner is proceeding in forma pauperis or, as plaintiff here, has paid the filing fee.See 28 U.S.C. § 1915A.

In 1996, subsection (d) was redesignated as subsection (e).

The Court finds that the proscription against duplicative claims as set forth in Cato and Bailey applies equally to plaintiff and, accordingly, pursuant to § 1915A, the petition is hereby DISMISSED.

All pending motions are terminated.

The clerk shall close the file.

IT IS SO ORDERED.


Summaries of

Scott v. Ryan

United States District Court, N.D. California
Jun 4, 2003
No. C 03-2202 MMC (PR) (N.D. Cal. Jun. 4, 2003)

In Scott, Judge Chesney observed that "[i]n 1996, a new statute was enacted, mandating dismissal of 'frivolous' or 'malicious' claims brought by a prisoner against a government defendant, regardless of whether the prisoner is proceeding in forma pauperis or, as plaintiff here, has paid the filing fee."

Summary of this case from Webb v. Noonan

dismissing a habeas claim with a paid filing fee, pursuant to 28 U.S.C. § 1915(e) because the petition failed to state a cognizable basis for relief

Summary of this case from Webb v. Noonan
Case details for

Scott v. Ryan

Case Details

Full title:DANE SCOTT, Plaintiff, v. TIMOTHY P. RYAN, et al., Defendants

Court:United States District Court, N.D. California

Date published: Jun 4, 2003

Citations

No. C 03-2202 MMC (PR) (N.D. Cal. Jun. 4, 2003)

Citing Cases

Webb v. Noonan

]" Habeas Rule 4; O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990). Aside from Rule 4, 28 U.S.C. §…