1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES CURTIS KERN, BX3065, Case No. 24-cv-09353-CRB (PR)

8 Plaintiff, ORDER OF DISMISSAL 9 v.

10 DR. SAMIT PATEL, 11 Defendant(s).

12 Plaintiff, a prisoner at Pelican Bay State Prison (PBSP), has filed a pro se complaint under 13

alleging that doctors at PBSP have denied him adequate treatment for a painful 14 lesion/mass in his forearm by cancelling and/or interfering with previously scheduled pre-op and 15 specialist appointments to remove the lesion/mass and instead are treating him only with NSAIDs 16 to which he is allergic. Plaintiff raised the same allegations in a prior prisoner complaint, which 17 was recently ordered served on several named doctor defendants at PBSP. See Kern v. Goller, No. 18 24-cv-7094-CRB (PR) (N.D. Cal. Jan. 16, 2025) (order of service). 19 A prisoner complaint that merely repeats pending or previously litigated claims may be 20 considered abusive and dismissed under the authority of 28 U.S.C. § 1915A. Cf. Cato v. United 21 States,

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

(5th 22 Cir. 1988)) (duplicative in forma pauperis complaint may be considered abusive and dismissed 23 under

). Because plaintiff raised and is litigating the same allegations and claims 24 raised herein in Kern v. Goller, No. 24-cv-7094-CRB (PR), the instant complaint is deemed 25 duplicative and abusive under § 1915A. That plaintiff names a new doctor defendant in this later- 26 filed action does not compel a different result. See Bailey,

(complaint repeating 27 same allegations asserted in earlier case, even if now filed against new defendants, is subject to ] For the foregoing reasons, plaintiff's complaint is DISMISSED as duplicative and abusive 2 || under the authority of 28 U.S.C. § 1915A(b). 3 The clerk is directed to close the case and terminate all pending motions as moot. 4 IT ISSO ORDERED. 5 Dated: January 17, 2025 6 AAO CHARLES R. BREYER 7 United States District Judge 8 9 10 1] 12

15 16

17

Z 18 19 20 21 22 23 24 25 26 27 28