Berringer v. California Dept of Corrections Doc.

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Case 4:07-cv-03353-CW Document 5 Filed 07/13/2007 Page 1 of 3

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3 IN THE UNITED STATES DISTRICT COURT
4 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY S. BERRINGER, ) No. C 07-3353 CW (PR)
6 )
Plaintiff, )
7 ) ORDER OF DISMISSAL
v. )
8 )
CALIFORNIA DEPARTMENT OF )
9 CORRECTIONS, et al., )
)
10 Defendants. )
___________________________ )
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For the Northern District of California

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United States District Court

Plaintiff, a state prisoner, filed the instant pro se prisoner

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complaint under 42 U.S.C. § 1983. Plaintiff raised the same
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allegations in another pending prisoner complaint filed in this
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Court. See Berringer v. Salinas Valley State Prison, et al., Case
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No. C 06-0270 CW (PR).
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A prisoner complaint that merely repeats pending litigated
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claims may be considered abusive and dismissed under the authority
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of 28 U.S.C. § 1915A. Cf. Cato v. United States, 70 F.3d 1103,
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1105 n.2 (9th Cir. 1995) (citing Bailey v. Johnson, 846 F.2d 1019,
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1021 (5th Cir. 1988)) (duplicative in forma pauperis complaints may
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be considered abusive and dismissed under 28 U.S.C. § 1915).
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Therefore, the instant complaint is deemed duplicative and abusive
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under § 1915A.
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Plaintiff's request to proceed in forma pauperis is DENIED and
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the complaint is DISMISSED under the authority of 28 U.S.C.
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§ 1915A(b).
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 Case 4:07-cv-03353-CW Document 5 Filed 07/13/2007 Page 2 of 3

1 The Clerk of the Court shall enter judgment in accordance with

2 this Order, terminate all pending motions, and close the file. No
3 filing fee is due.
4 IT IS SO ORDERED.
5 DATED: 7/13/07 ________________________________
CLAUDIA WILKEN
6 United States District Judge
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For the Northern District of California

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United States District Court

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 Case 4:07-cv-03353-CW Document 5 Filed 07/13/2007 Page 3 of 3

1 UNITED STATES DISTRICT COURT

FOR THE
2 NORTHERN DISTRICT OF CALIFORNIA
3
ANTHONY S. BERRINGER,
4 Case Number: CV07-03353 CW
Plaintiff,
5 CERTIFICATE OF SERVICE
6 v.

7 CA DEPT. OF CORRECTIONS et al,

8 Defendant.
/
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10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
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For the Northern District of California

That on July 13, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said
12 copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
United States District Court

envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
13 located in the Clerk's office.
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Anthony S. Berringer K-66652
16 Salinas Valley State Prison
Ad/Seg D-2-202
17 P.O. Box 1050
18 Soledad, CA 93960

19 Dated: July 13, 2007

Richard W. Wieking, Clerk
20 By: Sheilah Cahill, Deputy Clerk

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