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Case3:13-cv-03413-EMC Document7 Filed07/30/13 Page1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GEORGE RUIZ PALOMAR,

No. C-13-3413 EMC (pr)

Petitioner,

v.

BOARD OF PAROLE HEARINGS,

____________________________________/

Respondents.

ORDER OF DISMISSAL

This action is dismissed because the petition for writ of habeas corpus is duplicative of the

petition filed by petitioner in Palomar v. Board of Parole Hearings, No. C 13-3215 EMC. See Cato
v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (district court does not abuse its discretion
in dismissing under pauper statute a complaint that merely repeats pending or previously litigated
claims); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988) (duplicative or repetitious litigation
of virtually identical causes of action is subject to dismissal under 28 U.S.C. § 1915 as malicious).
Petitioner’s in forma pauperis application is DENIED. (Docket # 2).

The Clerk shall close the file.

IT IS SO ORDERED.

Dated: July 30, 2013

_________________________
EDWARD M. CHEN
United States District Judge

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