Duckett v. Garcia
- Beth Freeman
- 5:24-cv-01999
- U.S. District Court · Northern District of California
- 2
In Duckett v. Garcia, Judge Freeman administratively closed a duplicate civil-rights case, directing the claims to proceed in an earlier case.
James Maurice Duckett’s case against P. Garcia was administratively closed, while his claims concerning the January 9, 2022 clothed-body search were directed to proceed in Case No. 23-cv-04748 BLF.
What happened
James Maurice Duckett, representing himself, filed a civil-rights lawsuit under 42 U.S.C. § 1983 against P. Garcia and asked to proceed without paying the filing fee. The case was transferred to the Northern District of California as the proper venue.
The court found that Duckett’s complaint was identical to one in an earlier case. The court had already found that earlier case duplicative of an even older case and dismissed it as duplicative. The court noted that repeated lawsuits raising nearly identical claims can be dismissed as malicious under the federal statute governing certain unpaid-fee cases.
Because Duckett may have been unsure where to pursue his claims after being transferred to the California Medical Facility, the court ordered this case administratively closed as improperly opened. Judge Beth Labson Freeman directed that the claims concerning a clothed-body search on January 9, 2022, proceed in Case No. 23-cv-04748, and stated that no filing fee was due.
The detailed version
- Duckett v. Garcia · No. 5:24-cv-01999
- Beth Freeman
- Apr. 29, 2024
Background
James Maurice Duckett, proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 in the Eastern District of California on March 19, 2024. He also applied to proceed without paying the filing fee. The matter was transferred to the Northern District of California on April 1, 2024, because that court was the proper venue.
Reason for the Order
After reviewing the complaint, the court determined that it was identical to a complaint in an earlier related proceeding, Case No. 24-cv-00536 BLF. The court had recently found that earlier proceeding duplicative of an even earlier action, Case No. 23-cv-04748 BLF, and had dismissed the earlier proceeding as duplicative. The court explained that duplicative or repetitious litigation involving virtually identical causes of action may be dismissed as malicious under 28 U.S.C. § 1915, the statute governing certain cases filed without prepaying fees.
The court also recognized that Duckett may have been uncertain where to pursue his claims after being transferred to the California Medical Facility while his case was pending.
Ruling
The court ordered this case administratively closed as improvidently opened. Administrative closure removes the case from active status; the order did not state that the claims were dismissed in this case. The court directed that Duckett’s claims against P. Garcia based on the clothed-body search that occurred on January 9, 2022, proceed under Case No. 23-cv-04748 BLF. The Clerk was ordered to administratively close this case, and the court stated that no filing fee was due. Judge Beth Labson Freeman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.