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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
KIMOTHY R. McCRAY,
Plaintiff(s),
v.
J. RODRIGUEZ,
Defendant(s).
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No. C 06-6565 CRB (PR)
ORDER OF DISMISSAL
Plaintiff, a prisoner at Kern Valley State Prison, has filed his third
prisoner complaint under 42 U.S.C. § 1983 alleging that superior court deputy
clerk J. Rodriguez unlawfully interfered with his right to file in state superior
court. Plaintiff first raised these allegations in a prisoner complaint which was
dismissed on the merits under the authority of 28 U.S.C. § 1915A(b) on August
18, 2006. See McCray v. Rodriguez, No. C 06-4805 CRB (PR) (N.D. Cal. Aug.
18, 2006) (order of dismissal). He again raised the same allegations in a second
prisoner complaint which was dismissed on September 7, 2006. See McCray v.
Rodriguez, No. C 06-5367 CRB (PR) (N.D. Cal. Sept. 7, 2006) (order of
dismissal). And a third time when he filed the instant action in the Central
District of California. The action was transferred to this court.
A prisoner complaint that merely repeats pending or previously litigated
claims may be considered abusive and dismissed under the authority of 28 U.S.C.
§ 1915A(b). Cf. Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995)
Case 3:06-cv-06565-CRB Document 3 Filed 10/26/2006 Page 1 of 2
McCray v. Rodriguez
Doc. 3
Dockets.Justia.com
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(citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in
forma pauperis complaint may be considered abusive and dismissed under 28
U.S.C. § 1915). Because plaintiff raised and litigated the same allegations and
claim raised herein in two prior prisoner complaints, the instant complaint is
deemed duplicative and abusive under § 1915A. Nothing plaintiff adds in this
third attempt to litigate the same cla