Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-00465-L-WMC

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Filed 06/11/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff, an inmate currently incarcerated at the George Bailey Detention Facility located SAN DIEGO COUNTY SHERIFF'S DEPARTMENT; SAN DIEGO COUNTY JAIL, Defendants.
vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
RAY SAPP, Inmate Booking No. 6465306, Plaintiff,
Civil No. 08-0465 L (WMc)

ORDER: (1) DISMISSING CIVIL ACTION AS DUPLICATIVE PURSUANT TO 28 U.S.C. § 1915A(b)(1); and
(2) DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND MOTION TO APPOINT COUNSEL AS MOOT [Doc. Nos. 2, 3]

24 in San Diego, California and proceeding pro se, has filed a civil rights Complaint pursuant to 25 42 U.S.C. §1983. Plaintiff has not prepaid the $350 filing fee mandated by 28 U.S.C. § 1914(a); 26 instead, he has filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. 27 § 1915(a) [Doc. No 2], along with a Motion to Appoint Counsel [Doc. No. 3]. 28 ////
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08cv0465

Case 3:08-cv-00465-L-WMC

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Filed 06/11/2008

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1 I. 2

Sua Sponte Screening Pursuant to 28 U.S.C. § 1915A(b) The Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915A, obligates the Court to

3 review complaints filed by anyone "incarcerated or detained in any facility who is accused of, 4 sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions 5 of parole, probation, pretrial release, or diversionary program," "as soon as practicable after 6 docketing" and regardless of whether the prisoner prepays filing fees or moves to proceed IFP. 7 See 28 U.S.C. § 1915A(a), (c). The Court must sua sponte dismiss prisoner complaints, or any 8 portions thereof, which are frivolous, malicious, or fail to state a claim upon which relief may 9 be granted. 28 U.S.C. § 1915A(b); Resnick v. Hayes, 213 F.3d 443, 446-47 (9th Cir. 2000). 10 Plaintiff's instant Complaint is subject to sua sponte dismissal pursuant to 28 U.S.C.

11 § 1915A(b)(1) because it appears to be duplicative of a case Plaintiff is already litigating. 12 Plaintiff's Complaint contains identical claims that are found in Sapp v. San Diego County 13 Sheriff's Department, S.D. Cal. Civil Case No. 08cv0271 JAH (POR). A court "may take notice 14 of proceedings in other courts, both within and without the federal judicial system, if those 15 proceedings have a direct relation to matters at issue." United States ex rel. Robinson Rancheria 16 Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992). 17 18 A prisoner's complaint is considered frivolous under 28 U.S.C. § 1915A(b)(1) if it "merely repeats pending or previously litigated claims." Cato v. United States, 70 F.3d 1103,

19 1105 n.2 (9th Cir. 1995) (construing former 28 U.S.C. § 1915(d)) (citations and internal 20 quotations omitted). Because Plaintiff is already litigating the same claims presented in the 21 instant action in Sapp v. San Diego County Sheriff's Department, S.D. Cal. Civil Case No. 22 08cv0271 JAH (POR), the Court hereby DISMISSES Civil Case No. 08cv0465 L (WMc) 23 pursuant to 28 U.S.C. § 1915A(b)(1). See Cato, 70 F.3d at 1105 n.2; Resnick, 213 F.3d at 446 24 n.1. 25 II. 26 27 Conclusion and Order Good cause appearing, IT IS HEREBY ORDERED that: (1) Plaintiff's Complaint in Civil Case No. 08cv0465 L (POR) is DISMISSED as

28 frivolous pursuant to 28 U.S.C. § 1915A(b)(1).
-208cv0465

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Case 3:08-cv-00465-L-WMC

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Filed 06/11/2008

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1 2

IT IS FURTHER ORDERED that: (2) Plaintiff's Motion to Proceed IFP [Doc. No. 2] and Motion to Appoint Counsel are

3 DENIED as moot. 4 5 6 7 DATED: June 10, 2008 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-308cv0465

The Clerk shall close the file. IT IS SO ORDERED.

M. James Lorenz United States District Court Judge

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