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Ugochukwu v. Ballard

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 2, 2006

OBIEKWE STEPHEN OKWUDIL UGOCHUKWU, PLAINTIFF,
v.
FRED BALLARD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

Plaintiff, a prisoner proceeding pro se, filed this civil action in the United States District Court for the Northern District of Illinois; that Court transferred the action to this District. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A to dismiss this action.

This action is identical to a previous case opened in this District, including pleadings from the same case that originated in the Northern District. See Ugochukwu v. Ballard, Case No. 06-443-MJR (S.D. Ill., filed June 6, 2006); Ugochukwu v. Ballard, Case No. 05-cv-6466 (N.D. Ill., filed Nov. 14, 2005). Accordingly, this action is DISMISSED with prejudice as duplicative.

IT IS SO ORDERED.

James L. Foreman DISTRICT JUDGE

20060802

© 1992-2006 VersusLaw Inc.



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