Barker

MEMORANDUM **

Plaintiff Duwane Roy Barker appeals pro se the district court’s orders dismissing one claim and granting Defendants’ motions for summary judgment as to his two other claims in this action under 42 U.S.C. § 1983 . We affirm.

I. Conditions of Confinement in the Houston Prison

Plaintiffs first claim relates to conditions of confinement at the Houston prison. The district court dismissed it as “frivolous” under 28 U.S.C. § 1915 , because the identical claim was pending in Plaintiffs action before the Southern District of Texas.

The district court did not err. We previously have held that an action is “frivolous” for purposes of § 1915 in similar *665 circumstances. See Tripoli v. First Nat’l Bank & Trust, 821 F.2d 1368, 1370 (9th Cir.1987) (dismissing an action as frivolous under § 1915, because the plaintiff had “another action pending before the district court involving the same parties and the same transactions”).

II. The Bus Trip

Next, Plaintiff argues that conditions on the bus trip from Houston to Pendleton violated his Eighth Amendment right to be free from cruel and unusual punishment. An Eighth Amendment claim, like this one, that is based on conditions of…