Foust
Foust v. Godinez
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…