Sherrill v. Carter et al
ORDER dismissing complaint without prejudice and directing Clerk to close the case. Signed by Judge William F. Jung on 9/19/2022. (CCB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
NIKETA LESHUN SHERILL,
DEPARTMENT, et al.,
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
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
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