Mwasi v. Sullenger
- James Donato
- 3:22-cv-07489
- U.S. District Court · Northern District of California
- 1
In Mwasi v. Sullenger, Judge Donato granted screening and dismissed the duplicative case.
King Mwasi’s duplicative civil-rights case was dismissed, and the defendants obtained a grant of their motion to screen the case.
What happened
In Mwasi v. Sullenger, King Mwasi, a state prisoner representing himself, brought a civil-rights case in state court. The defendants transferred it to federal court and asked the court to screen the complaint.
The court found that Mwasi had already brought an earlier related case with nearly identical claims. That earlier case had been dismissed with prejudice because it was filed too late. The court therefore dismissed this case as duplicative.
Judge James Donato granted the defendants’ motion to screen and dismissed the case as duplicative. The clerk was directed to close the case.
The detailed version
- Mwasi v. Sullenger · No. 3:22-cv-07489
- James Donato
- Jan. 31, 2023
Background
King Mwasi, identified as a state prisoner, filed a civil-rights action in state court without a lawyer. The defendants removed the case to federal court and asked the court to screen the complaint.
Court’s reasoning
The court stated that its records showed Mwasi had already litigated an earlier related case in the same court involving nearly identical claims. That earlier case was dismissed with prejudice as untimely. Relying on the rule against duplicative lawsuits, the court dismissed this case as duplicative. The opinion did not address the underlying claims on their merits.
Ruling
Judge James Donato granted the defendants’ motion to screen the case, identified as Docket No. 6, and dismissed the case as duplicative. The clerk was requested to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.