Sherrill v. Carter et al

Filing 3

ORDER dismissing complaint without prejudice and directing Clerk to close the case. Signed by Judge William F. Jung on 9/19/2022. (CCB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION NIKETA LESHUN SHERILL, Plaintiff, v. Case No. 8:22-cv-2122-WFJ-AEP SARASOTA POLICE DEPARTMENT, et al., Defendants. _____________________________/ ORDER Mr. Sherill filed a civil rights complaint (Doc. 1). He alleges that on April 7, 2021, while exiting a convenience store in Sarasota, Florida, he was subjected to excessive force when he was shot with a stun gun by a police officer. Mr. Sherill previously filed a complaint in this Court on May 3, 2022, in which he alleged the same claim, and the action is pending. See Sherill v. M. Spencer, Case No. 8:22-cv-1036-KKM-AEP. Mr. Sherill may not simultaneously litigate duplicative suits in two cases in this Court. Therefore, because Mr. Sherill first filed his complaint in Case No. 8:22-cv-1036-KKM-AEP, the complaint in this case will be dismissed. See Curtis v. Citibank, N.A., 226 F.3d 133, 138 39 (2d Cir. 2000) (where actions are identical “simple dismissal of the second suit is [a] common disposition because plaintiffs have no right to maintain two actions on the same subject in the 1 same court, against the same defendant at the same time”). Accordingly, the complaint (Doc. 1) is DISMISSED without prejudice to Mr. Sherill pursing his claims in Case No. 8:22-cv-1036-KKM-AEP. The Clerk must close this case. ORDERED in Tampa, Florida on September 19, 2022. Copy to: Niketa Leshun Sherill, pro se 2

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