Mwasi v. Sullenger

United States District Court for the Northern District of California

Mwasi v. Sullenger

Trial Court 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

Reference

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