Mwasi v. Sullenger

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KING MWASI, Case No. 22-cv-07489-JD 8 Plaintiff, 9 y. ORDER RE DISMISSAL Re: Dkt. No. 6 10 L. SULLENGER, et al., ll Defendants. 12

13 Plaintiff, a state prisoner, filed a pro se civil rights action in state court. Defendants 14 || removed the case to federal court and requested the complaint be screened. Court records indicate 3 15 || that plaintiff already litigated a case in this Court with nearly identical claims. See Mwasi v. a 16 Sullenger, Case No. 20-cv-2789 EJD. Plaintiff’s action in Mwasi v. Sullenger, Case No. 20-cv- 3 17 || 2789 EJD, was dismissed with prejudice as untimely. Jd., Dkt. No. 27. This case is dismissed as 18 duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). 19 Defendants’ motion to screen the case (Dkt. No. 6) is GRANTED and this case is 20 |} DISMISSED as duplicative. The Clerk is requested to close this case. 21 IT IS SO ORDERED. 22 || Dated: January 31, 2023 23 24 JAMES TO 25 United Stgfes District Judge 26 27 28