Kern

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

Plaintiff,

ORDER OF DISMISSAL

v.

DR. SAMIT PATEL, Defendant(s).

Plaintiff, a prisoner at Pelican Bay State Prison (PBSP), has filed a pro se complaint under 42 U.S.C. § 1983 alleging that doctors at PBSP have denied him adequate treatment for a painful lesion/mass in his forearm by cancelling and/or interfering with previously scheduled pre-op and specialist appointments to remove the lesion/mass and instead are treating him only with NSAIDs to which he is allergic. Plaintiff raised the same allegations in a prior prisoner complaint, which was recently ordered served on several named doctor defendants at PBSP. See Kern v. Goller, No. 24-cv-7094-CRB (PR) (N.D. Cal. Jan. 16, 2025) (order of service). A prisoner complaint that merely repeats pending or previously litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. § 1915A. Cf. Cato v. United States, 70…