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

Case 3:07-cv-02435-JAH-LSP

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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, a state inmate currently incarcerated at the California Institution for Men located Defendant. DIRECTOR OF CDC; et al.,
vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
DIEGO H. LA MADRID, CDCR #P-98764, Plaintiff,
Civil No. 07-2435 JAH (LSP)

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 Chino, California and proceeding pro se, has filed a civil rights Complaint pursuant to 42 25 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]. 28 ////
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Case 3:07-cv-02435-JAH-LSP

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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 La Madrid v. Hernandez, S.D. 13 Cal. Civil Case No. 07-1997 JM (JMA). A court "may take notice of proceedings in other 14 courts, both within and without the federal judicial system, if those proceedings have a direct 15 relation to matters at issue." United States ex rel. Robinson Rancheria Citizens Council v. 16 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 has already litigated the same claims presented in the 21 instant action in La Madrid v. Hernandez, S.D. Cal. Civil Case No. 07-1997 JM (JMA), the 22 Court hereby DISMISSES Civil Case No. 07-2435 JAH (LSP) pursuant to 28 U.S.C. 23 § 1915A(b)(1). See Cato, 70 F.3d at 1105 n.2; Resnick, 213 F.3d at 446 n.1. 24 II. 25 26 Conclusion and Order Good cause appearing, IT IS HEREBY ORDERED that: Plaintiff's Complaint in Civil Case No.07-2435 JAH (LSP) is DISMISSED as frivolous

27 pursuant to 28 U.S.C. § 1915A(b)(1). 28
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Case 3:07-cv-02435-JAH-LSP

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1

Plaintiff's Motion to Proceed IFP [Doc. No. 2] and Motion to Appoint Counsel [Doc. No.

2 3] are DENIED as moot. 3 4 The Clerk shall close the file. IT IS SO ORDERED. February 25, 2008 JOHN A. HOUSTON United States District Judge

5 DATED: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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