Tinsleyv.City County of San Francisco

United States District Court, N.D. CaliforniaJul 2, 2001
No. 01-2102 MMC (PR) (N.D. Cal. Jul. 2, 2001)

No. 01-2102 MMC (PR)

July 2, 2001


ORDER OF DISMISSAL


MAXINE M. CHESNEY, United States District Judge

Plaintiff, a California prisoner currently incarcerated in San Francisco County Jail, has filed a pro se civil rights complaint under 42 U.S.C. § 1983 alleging that his arrest and pending criminal charges were based on his race. Plaintiff also seeks leave to proceed in forma pauperis. The claims in this complaint are duplicative of the claims raised and dismissed in a different civil rights case filed by plaintiff six days before this action. See Tinsley v. Nocetti, et al., No. C 01-2027 MMC (PR). An in forma pauperis complaint, such as the one filed here, that merely repeats pending or previously litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. § 1915. Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995); Baile v. Johnson 846 F.2d 1019, 1021 (5th Cir. 1988). Accordingly, this action is DISMISSED as duplicative. The motion to proceed in forma pauperis is DENIED (Docket No. 2). All pending motions are terminated and the clerk shall close the file.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED this action is DISMISSED without prejudice. All pending motions are TERMINATED. The application to proceed IFP is DENIED.