Vinson v. Butche et al, No. 1:2009cv00331 - Document 4 (N.D. Ind. 2009)
Court Description: OPINION AND ORDER DISMISSING CASE pursuant to 28:1915A. Signed by Judge Robert L Miller, Jr on 12/1/09. (jcp)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION TONICO D. VINSON, Plaintiff v. CHRIS BUTCHE, et al., Defendants ) ) ) ) ) ) ) ) ) CAUSE NO. 1:09-CV-331 RM OPINION AND ORDER On November 24, 2009, Tonico D. Vinson, a pro se prisoner, signed a complaint trying to sue the same six defendants that he tried to sue in Vinson v. Stefanatos, 1:09-cv294 (N.D. Ind. filed October 27, 2009). That case was dismissed with prejudice on November 2, 2009. This case isn t only against the same six defendants, it also presents the same meritless claims. Under 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint. These claims didn t state a claim when he presented them to the court a month ago, and they don t state a claim now. Furthermore, it is malicious to sue the same people for the same acts after those claims have been dismissed. For the foregoing reasons, this case is DISMISSED pursuant to 28 U.S.C. §1915A because it is malicious. SO ORDERED. ENTERED: December 1 , 2009 /s/ Robert L. Miller, Jr. Chief Judge United States District Court cc: T. Vinson
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