Hicks v. Wong
- James Donato
- 3:22-cv-08663
- U.S. District Court · Northern District of California
- 1
In Hicks v. Wong, Judge Donato dismissed the duplicative case and directed Hicks to pursue his claims in an earlier case.
Michael Hicks, whose case was dismissed as duplicative and whose claims were directed to the earlier-filed case; the order also vacated the pending motion and stated that no fee was due.
What happened
Michael Hicks, a state prisoner representing himself, filed a civil-rights case against Bao Wong and others. The court said Hicks was already pursuing similar claims in an earlier case in the same court.
The court dismissed this case as duplicative and directed Hicks to proceed with all his claims in the earlier-filed case. It also vacated the pending motion, said no fee was due, and asked the clerk to close the case.
Judge James Donato issued the order on December 16, 2022.
The detailed version
- Hicks v. Wong · No. 3:22-cv-08663
- James Donato
- Dec. 16, 2022
Background
Michael Hicks, identified as a state prisoner, filed this civil-rights action without a lawyer against Bao Wong and other defendants. The court said its records showed that Hicks was already pursuing similar claims in an earlier-filed case in the same court, identified by docket number 22-cv-6865-JD.
Ruling
The court dismissed this case as duplicative, meaning it found that the claims were already being pursued in the earlier case. The court directed Hicks to proceed with all of his claims there. It vacated the pending motion at Docket No. 2, stated that no fee was due, and requested that the clerk close this case.
Disposition and classification
The case was dismissed as duplicative. The order did not decide the underlying civil-rights claims. Judge James Donato issued the order under the court's authority to dismiss duplicative cases, citing Adams v. California Department of Health Services, 487 F.3d 684, 688 (9th Cir. 2007).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.