CHARLES R. BREYER, United States District Court
Plaintiff, a prisoner at Pelican Bay State Prison ("PBSP"), has filed a pro se civil rights complaint for damages under 28 U.S.C. § 1915 and 42 U.S.C. § 1983. Plaintiff alleges that on February 8, 2000, while returning to his cell from work, two white inmates were let out of their cells and assaulted him with "some kind of weapon." Plaintiff alleges that defendants knew that "the white inmate had a weapon," but none of them warned plaintiff.
Plaintiff first raised these same allegations in a prior complaint under 28 U.S.C. § 1915 and 42 U.S.C. § 1983. It was ordered served and is still pending. See Glenn v. Berndt, No. C 01-0460 CRL3 (lZR) (N.D. Cal. Apr. 10, 2001) (order of service).
A prisoner complaint that merely repeats pending 01. previously litigated claims may be considered abusive and dismissed under the authority of 28 U.S.C. § 1915A. Cf. Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995) (citing Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)) (duplicative in forma pauperis complaint may be considered abusive and dismissed under 28 U.S.C. § 1915). Because plaintiff raised and is litigating the same allegations and claim raised herein in Glenn v. Berndt, No. C 01-0460 CRB (PR), the instant complaint is deemed duplicative and abusive under § 1915A. That plaintiff adds an additional defendant in this later — filed action does not compel a different result. See Bailey, 846 F.2d at 1021 (complaint repeating same allegations asserted in earlier case, even if now filed against new defendants, is subject to dismissal as duplicative).
Plaintiff's request to proceed in forma pauperis (doc # 2) is DENIED and the complaint is DISMISSED under the authority of 28 U.S.C. § 1915A. The Clerk shall close the file.
SO ORDERED.