SUSAN ILLSTON, United States District Judge
Abraham Isaac Tubbs, currently incarcerated at Pleasant Valley State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983 on March 9, 2001. The Complaint in this action consists of a cover page which actually is a one-page request for documents to be returned to Tubbs' mother for photocopying and several documents concerning an incident that took place on February 8, 2000 at Pelican Bay State Prison during which Tubbs was injured. The documents appear to be intended to be exhibits for a complaint that was sent to the court in a separate envelope about two weeks earlier, i.e., the complaint filed in Tubbs v. Warden, Case No. C 01-843 SI ("the earlier action"). The only claim for relief that could be constructed out of the materials filed in this action is a claim concerning the events that occurred on February 8,2000. Since that claim already has been made in Case No. C 01-843 SI, any effort to litigate the claim in this action would be frivolous. See Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995) (court may dismiss in forma pauperis complaint that merely repeats pending or previously litigated claims). This action will be dismissed as duplicative.
A second, independent, reason exists to dismiss this action. Tubbs failed to pay the filing fee or file an in forma pauperis application, despite having been notified by the Court of his obligation to do so.
For the foregoing reasons, this action is DISMISSED with prejudice. The clerk shall put a copy of complaint and exhibits from this action in the case file for Tubbs v. Warden, Case No. 01-843 SI. The clerk shall then close this file.
IT IS SO ORDERED.
JUDGMENT
Pursuant to the Order of Dismissal signed today, this action is dismissed.
IT IS SO ORDERED AND ADJUDGED.
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