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FREEMAN v. RYAN (2021)

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United States Court of Appeals, Ninth Circuit.

Benjamin FREEMAN, Plaintiff-Appellant, v. Charles RYAN; et al., Defendants-Appellees.

No. 20-15998

Decided: February 24, 2021

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Benjamin Freeman, Pro Se


Arizona state prisoner Benjamin Freeman appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and deliberate indifference claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.

The district court properly dismissed Freeman's action as duplicative because it is based on the same factual allegations as those in Freeman v. State of Arizona, CV 18-01015-PHX-JAT. See Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (duplicative complaints can be dismissed as “abusive” under 28 U.S.C. § 1915(e)).

The district court did not abuse its discretion by dismissing Freeman's complaint without leave to amend because amendment would have been futile. See Gordon v. City of Oakland, 627 F.3d 1092, 1094 (9th Cir. 2010) (setting forth standard of review and grounds for dismissing without leave to amend).

Freeman's request for a status report is denied as moot.


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