Kenneth Ballard v. Brooks Lopez

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KENNETH RAY BALLARD, Case No. 25-cv-08139-NW 8 Plaintiff, ORDER SCREENING COMPLAINT, 9 v. DISMISSING WITH PREJUDICE, AND DENYING PENDING MOTIONS 10 FORTINO, et al., Re: ECF No. 2 Defendants. 11 12 13 Plaintiff Kenneth Ray Ballard, a state detainee, filed a pro se civil rights complaint under 14 42 U.S.C. § 1983 and a motion to proceed in forma pauperis. See ECF Nos. 1, 2. The Complaint 15 is now before the Court for screening pursuant to 28 U.S.C. § 1915A(a). For the reasons set forth 16 below, the Court DISMISSES the Complaint with prejudice as duplicative and DENIES Ballard’s 17 motion. 18 Upon review of the Complaint, which raises claims stemming from the denial of his 19 request for pro per privileges at the Santa Clara County Jail, the Court concludes that this 20 Complaint is duplicative of Ballard’s claims in Ballard v. Santa Clara County et al., No. 25-cv- 21 05201-NW (N.D. Cal., filed Jun. 20, 2025). An in forma pauperis complaint that merely repeats 22 pending or previously litigated claims may be considered abusive under 28 U.S.C. § 1915. Cato v. 23 United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995). As a result, an in forma pauperis complaint 24 repeating the same factual allegations asserted in an earlier case—as Ballard has filed here—is 25 subject to dismissal as abusive and duplicative. Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 26 1988). Accordingly, this case is DISMISSED with prejudice as duplicative of the claims and 27 allegations raised in his earlier case. 1 application of 28 U.S.C. § 1915(g), which will prevent him from proceeding in forma pauperis in 2 || any future civil actions or appeals unless he can show he is “under imminent danger of serious 3 || physical injury.” 4 || 1. CONCLUSION 5 The Court orders as follows: 6 1. The Complaint is DISMISSED WITH PREJUDICE as duplicative. 7 2. Ballard’s request to proceed in forma pauperis is DENIED. See ECF No. 2. 8 3. The Clerk shall close the file. 9 IT IS SO ORDERED. 10 || Dated: March 27, 2026 1] Noél Wise United States District Judge 2B «14 16 17 Oo Z 18 19 20 21 22 23 24 25 26 27 28