Norwood v. United States of America et al

Filing 3

MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 7/2/2013. (KAM, )

FILED
2013 Jul-02 PM 04:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
LARRY WAYNE NORWOOD,
Petitioner,
v.

UNITED STATES OF AMERICA, et al.,
Respondents.

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CIVIL ACTION NOS.
1:13-cv-0970-SLB-JEO

MEMORANDUM OPINION
This is an action brought by Larry Wayne Norwood, a federal prisoner acting pro se. In
his initial pleading, captioned “Claim for Damages,” Norwood demands $500,000 in damages for
allegedly deficient medical care he received at the Federal Correctional Institution in Talladega,
Alabama. (Doc. 1). Based on that pleading, the Clerk opened the instant case, classifying it as
one on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. However, the court is
aware that the Clerk has also recently opened another case based on an identical pleading, with
that separate case being classified as a “regular” civil action and assigned to Judge Propst. See
Norwood v. United States, et al., 1:13-cv-1196-RBP-JEO, Doc. 1 (N.D. Ala. June 27, 2013).
Upon consideration, the instant action is due to be DISMISSED WITHOUT PREJUDICE, on the
grounds that the action (1) does not seek habeas relief, see Preiser v. Rodriguez, 411 U.S. 475,
494 (1973), and (2) is duplicative of the civil action for damages pending before Judge Propst.
See I.A. Durbin, Inc., v. Jefferson Nat. Bank, 793 F.2d 1541, 1551-52 (11th Cir. 1986). A
separate final order will be entered.

DONE, this 2nd day of July, 2013.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE

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