1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES FLOURNOY, P00154293, Case No. 23-cv-02118-CRB (PR)

8 Plaintiff, ORDER OF DISMISSAL 9 v.

10 MARIN COUNTY SHERIFF'S OFFICE, et al., 11 Defendant(s).

12 Plaintiff, a prisoner at the Marin County Jail (MCJ) facing probation revocation 13 proceedings on prior criminal convictions (as well as pretrial proceedings on new criminal charges 14 in Marin County Superior Court and other jurisdictions) and a frequent litigant in federal court, 15 has filed a pro se complaint under

claiming denial of due process in connection 16 with his placement and retention in “disciplinary isolation” upon his arrival at MCJ in late 17 December 2022 based solely on his pending criminal charges and not on any sort of prison 18 disciplinary violation. ECF No. 1 (Compl.) at 9. Plaintiff raised the same allegations in a prior 19 prisoner complaint, which was dismissed with leave to amend and after plaintiff filed a timely 20 First Amended Complaint (FAC) on April 21, 2023 is awaiting court screening pursuant to 28 21 U.S.C. § 1915A(a). See Flournoy v. Marin County, No. 23-cv-00290-CRB (PR) (N.D. Cal. filed 22 Jan. 20, 2023). 23 A prisoner complaint that merely repeats pending or previously litigated claims may be 24 considered abusive and dismissed under the authority of 28 U.S.C. § 1915A. Cf. Cato v. United 25 States,

, 1105 n.2 (9th Cir. 1995) (citing Bailey v. Johnson,

(5th 26 Cir. 1988)) (duplicative in forma pauperis complaint may be considered abusive and dismissed 27 under

). Because plaintiff raised and is litigating the same allegations and claim ] deemed duplicative and abusive under § 1915A. That plaintiff adds an additional defendant in this 2 |} later-filed action does not compel a different result. See Bailey,

(complaint 3 || repeating same allegations asserted in earlier case, even if now filed against new defendants, is 4 || subject to dismissal as duplicative). 5 For the foregoing reasons, the complaint is DISMISSED as duplicative under the authority 6 || of 28 U.S.C. § 1915A(b) and the clerk is instructed to close the case. 7 IT ISSO ORDERED. 8 Dated: June 7, 2023 9 □ CHARLES R. BREYER 10 United States District Judge 1]

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