Summary
The United States District Court for the Northern District of California dismissed Brud Rossmann’s pro se prisoner action as duplicative and abusive under 28 U.S.C. § 1915A(b). The court found that Rossmann had previously litigated the same general allegations of judicial wrongdoing in an action dismissed with prejudice and directed the clerk to close the file.
Holdings
- A prisoner complaint that repeats claims previously raised and litigated in a prior prisoner action dismissed with prejudice may be deemed duplicative and abusive and dismissed under 28 U.S.C. § 1915A(b).
Questions Presented
- Whether a prisoner complaint repeating claims previously raised and litigated in an action dismissed with prejudice may be dismissed as duplicative and abusive under 28 U.S.C. § 1915A.
Disposition
dismissed
Cases Cited (3)
- Rossmann v. Albouby, No. 25-cv-02636-PX (D. Md. Sept. 29, 2025) (order of dismissal)(applied)
- Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995)(followed)
- Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…