Foust

Foust v. Godinez

Good Law
United States District Court, Northern District of CaliforniaMarch 29, 20243:23-cv-03557California331 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARL FOUST, Case No. 23-cv-03557-EMC

Plaintiffs,

ORDER OF DISMISSAL

v.

GODINEZ, et al., Docket Nos. 2, 5 Defendants.

12 Plaintiff filed a civil rights complaint and subsequently filed a copy of an order issued by the United States District Court for the Eastern District of California. See Docket Nos. 1, 8. It appears Plaintiff filed the same claims, against the same defendants, regarding the same facts, in the Eastern District of California. See Docket No. 1, Foust v. Allen, Case No. 23-cv-0179-DAD- DMC (E.D. Cal. filed Jan. 30, 2023) (suing a fourth defendant in addition to the three named in the Northern District action).1 Litigants may not file cases that duplicate claims brought in another case. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (holding in forma pauperis complaint that merely repeats pending or previously litigated claims may be considered abusive and dismissed). Mr. Foust’s…

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