Hampton v. Villarreal, et al.

Summary

The court dismisses Curtis Hampton Jr.’s civil rights complaint as duplicative of his earlier pending case, Hampton v. Villarreal, No. 5:25-cv-13783. The dismissal is without prejudice to the prior case, and the court directs that the filing and administrative fees be applied there. The court further concludes that any appeal would not be taken in good faith.

Holdings

1. The complaint was duplicative of Plaintiff's prior pending civil-rights complaint and was properly dismissed without prejudice to the proceedings in the prior case.
2. The filing fee and administrative fee submitted in this action were directed to be applied to cure the deficiency in Plaintiff's prior pending case.
3. An appeal from the decision would be frivolous and therefore could not be taken in good faith under 28 U.S.C. § 1915(a)(3).

Questions Presented

1. Whether the later civil-rights complaint was duplicative of Plaintiff's prior pending complaint and could therefore be dismissed.
2. Whether the filing and administrative fees submitted in the later action should be applied to the prior pending case.
3. Whether an appeal from the dismissal could be taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed