Jarecke v. Murphy et al
RULING AND ORDER DISMISSING CASE. Signed by Judge Robert N. Chatigny on 5/12/2010. (Thompson, S.)
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARK JARECKE, Plaintiff, V. BRIAN MURPHY, ET AL., Defendants. : : : : : : : : :
PRISONER Case No. 3:10-CV-621(RNC)
INITIAL REVIEW ORDER Plaintiff, a Connecticut inmate proceeding pro se, brings this action under 42 U.S.C. § 1983 against several employees of the Department of Correction ("DOC"). principal claims. The complaint contains two
First, plaintiff alleges his community release
privilege was wrongfully revoked and he was wrongfully removed from Rogers House, a community release program for men with mental health issues under the supervision of the DOC. Second,
he alleges that DOC personnel have been deliberately indifferent to his mental health care needs. The Court is required to review the complaint and dismiss any part of it that fails to state a claim on which relief can be granted. 28 U.S.C. § 1915A. A district court may dismiss a suit Curtis v. Citibank,
that is duplicative of another federal suit. N.A., 226 F.3d 133, 138 (2d Cir. 2000).
A party has no right to
maintain two lawsuits against the same parties in the same court at the same time. Id. at 138-39. Ten days
Plaintiff filed this action on April 22, 2010.
earlier, he filed an action entitled Jarecke v. Murphy, et al., No. 3:10-CV-552(RNC), which remains pending. All the defendants All the
in this action are also named in the prior action.
allegations in the present complaint are contained in the prior complaint, which also includes additional defendants, allegations and exhibits. Because all the claims and defendants in this
action are included in the prior action this action is dismissed under the prior pending action doctrine. The Court notes that plaintiff has filed motions for appointment of counsel and a preliminary injunction in the present action. action. Neither motion has been filed in the prior
The Clerk is hereby directed to docket copies of both The Court notes that the motion for
motions in the prior action.
a preliminary injunction refers to but does not include exhibits A-Z. If plaintiff wants the Court to consider those exhibits, he
must file them in the prior action, docket number 3:10-CV552(RNC). Accordingly, the complaint is hereby dismissed without prejudice. The Clerk is directed to close the case and docket
copies of plaintiff's motions for appointment of counsel (doc. 3) and a preliminary injunction (doc. 4) in Jarecke v. Murphy, et al., No. 3:10-CV-552(RNC).
So ordered this 12th day of May 2010 at Hartford, Connecticut. /s/RNC Robert N. Chatigny United States District Judge
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