ALVARO QUEZADA V. R. FISHER, No. 12-16824 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 29 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALVARO QUEZADA, No. 12-16824 Plaintiff - Appellant, D.C. No. 1:09-cv-01856-LJOGBC v. MEMORANDUM* R. FISHER, Captain; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Lawrence J. O Neill, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. California state prisoner Alvaro Quezada appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action as duplicative. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Adams v. Cal. Dep t of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007), and we reverse * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). and remand. Dismissal of Quezada s action as duplicative of his action in Quezada v. Hedgpeth, No. 1-08-cv-01404-FRZ (E.D. Cal filed Sept. 19, 2008) was an abuse of discretion because the action does not involve the same parties. See id. at 688-89 (setting forth the standard for determining when a case is duplicative); see also United States v. Bhatia, 545 F.3d 757, 759-60 (9th Cir. 2008) (describing the circumstances in which a nonparty can be bound by a prior decision). Accordingly, we reverse and remand for further proceedings consistent with this disposition. REVERSED and REMANDED. 2 12-16824

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