With no explanation, chose the best option from "A", "B", "C" or "D". retaliate against him for filing a lawsuit. In the instant civil action, Plaintiff alleged in his original complaint that “Nurse Janet” mentally and emotionally abused him, denied him medical treatment, and retaliated against him for filing a lawsuit; but in his answers to the questionnaire, Plaintiff stated that Nurse Janet no longer “bothered” him. Clearly, Plaintiffs claims against Defendants Dieken, Burns, Seevers, Franklin, and “Nurse Janet” in the instant civil action are duplicative of claims raised in his earlier Civil Action Nos. 1:03-CV-075-C and 1:03-CV-123-C, and should be dismissed with prejudice as malicious. Mayfield v. Collins, 918 F.2d 560, 561 (5th Cir.1990); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir.1988). See Marts v. Hines, 117 F.3d 1504, 1506 (5th Cir.1997) (<HOLDING>). (b) Frivolous Claims The “mere threatening

A: holding that the trial court should have dismissed the employees breach of contract claim
B: holding that when a lanham act claim is dismissable upon motion state law claims should be dismissed without prejudice
C: holding that a claim dismissed as malicious under the ifp statute should be with prejudice
D: holding that if the federal claims are dismissed before trial  the state claims should be dismissed as well
C.