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Gakuba v. Hollywood Video, Inc.

United States District Court, D. Oregon

April 17, 2015

PETER GAKUBA, Plaintiff,
v.
HOLLYWOOD VIDEO, INC., aka Movie Gallery, dba Hollywood Video/Movie Gallery Customer Service; ERIC HOLDER, in his official capacity as United States Attorney General; LISA MADIGAN, in her official capacity as Illinois Attorney General, Defendants.

ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Plaintiff's Motion (#16) for Preliminary Injunction, Motion (#17) for a PACER Fee Exemption, Motion (#21) for Appointment of Counsel, and Second Motion (#26) for Temporary Restraining Order.

After reviewing Plaintiff's Motions and other filings, the Court notes Plaintiff is presently litigating identical claims in the Eastern District of California: Gakuba v. Hollywood Video, LLC, No. 2:15-cv-00630-MCE-AC. Because Plaintiff's First Amended Complaint (#24) merely repeats claims that are pending in another district, the Court dismisses this in forma pauperis action without prejudice. See 28 U.S.C. § 1915(e). See also Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995)(explaining a district court may dismiss an in forma pauperis action under § 1915 when the complaint "merely repeats pending or previously litigated claims.")(citations omitted); Barker v. Fugazzi, 18 F.Appx. 663, 664-65 (9th Cir. Sep. 17, 2001).

CONCLUSION

For these reasons the Court DISMISSES Plaintiff's First Amended Complaint (#24) without prejudice. No later than May 8, 2015, Plaintiff may file an amended complaint in this matter that raises claims over which this Court has jurisdiction but that cannot be raised in the pending action in the Eastern District of California. If Plaintiff does not file an amended complaint that comports with this Order by May 8, 2015, the Court will enter a judgment dismissing this matter.

The Court also DENIES as moot Plaintiff's Motion (#16) for Preliminary Injunction, Motion (#17) for a PACER Fee Exemption, Motion (#21) for Appointment of Counsel, and Second Motion (#26) for Temporary Restraining Order.

IT IS SO ORDERED.


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