Duckett v. Garcia

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

11 JAMES MAURICE DUCKETT, Case No. 24-cv-01999 BLF 12 Plaintiff, ORDER ADMINISTRATIVELY 13 CLOSING CASE v. 14 P. GARCIA, 15 Defendant. 16

17 18 On March 19, 2024, Plaintiff, proceeding pro se, filed a civil rights action pursuant 19 to 42 U.S.C. § 1983 in the Eastern District. Dkt. No. 1. Plaintiff also filed an application 20 for leave to proceed in forma pauperis (“IFP”). Dkt. No. 2. On April 1, 2024, the matter 21 was transferred to this Court as the proper venue. Dkt. No. 6. 22 After reviewing the complaint, the Court finds it is identical to a previous complaint 23 filed in this Court. Compare Dkt. No. 1 with Dkt. No. 8 of Duckett v. Garcia, Case No. 24 24-cv-00536 BLF (Duckett I). Recently, the Court found that Duckett I was duplicative of 25 an even earlier filed action under Case No. 23-cv-04748 BLF, Duckett v. Garcia; the Court 26 dismissed Duckett I as duplicative. Accordingly, the instant action is also duplicative. 27 Duplicative or repetitious litigation of virtually identical causes of action is subject to 1 || dismissal under 28 U.S.C. § 1915 as malicious. Bailey v. Johnson, 846 F.2d 1019, 1021 2 || (Sth Cir. 1988). However, it may be that Plaintiff was uncertain as to where to proceed 3 || with his claims against Defendant Garcia since he was transferred to the California 4 || Medical Facility while his case was pending. Accordingly, in the interest of justice, the 5 || Court will order this matter administratively closed as improvidently opened. 6 Plaintiff is advised that his claims against Defendant Garcia based on the clothed 7 || body search that occurred on January 9, 2022, shall proceed under the first action filed in g || this Court, under Case No. 23-cv-04748 BLF. 9 The Clerk of the Court shall administratively close the instant case. No filing fee is 10 || due. 11 IT IS SO ORDERED. 12 || Dated: _ April 27,2024 felipe _ BETH LABSON FREEMAN 13 United States District Judge 15 16

Oo Z 18 19 20 21 22 23 24 25 Order Admin. Close P:\PRO-SE\BLF\CR.24\01999Duckett_admin-close 26 27