Filing 9

ORDER Dismissing this action without prejudice. Leave to proceed in forma pauperis is GRANTED only for the purpose of dismissal. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 4/28/16. (lap)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION : SHUNTAY A. SHEARER, : : Plaintiff : : VS. : : UNNAMED DEFENDANT(S), : : Defendants : _________________________________: NO. 5:16-CV-136-CAR-CHW ORDER Plaintiff Shuntay A. Shearer, an inmate at Baldwin State Prison, mailed a letter to the United States District Court for the Northern District of Georgia on or about March 17, 2016. The Clerk’s Office docketed the letter as a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1). Because Plaintiff complained of events occurring in Hardwick, the case was transferred to this Court. (ECF Nos. 2, 5). A review of Court records reveals, however, that on March 21, 2016, Plaintiff filed a nearly identical letter in this Court, which was likewise docketed as a civil rights complaint under section 1983. v. Baldwin State Prison, 5:16-cv-115-CAR-MSH (“Shearer I”). See Shearer Shearer I remains pending in this Court. “A district court has the inherent authority to manage its own docket ‘so as to achieve the orderly and expeditious disposition of cases.’” Equity Lifestyle Props., Inc. v. Florida Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009) (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991)). A general principle of such management is to avoid duplicative litigation. Colo. River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976). “[A] suit is duplicative of another suit if the parties, issues, and available relief do not significantly differ between the two actions.” I. A. Durbin, Inc. v. Jefferson Nat'l Bank, 793 F.2d 1541, 1551 (11th Cir. 1986). Plaintiff’s claims in the instant case duplicate the allegations of Shearer I. In order to avoid duplicative litigation, the Court will DISMISS WITHOUT PREJUDICE the instant action. Leave to proceed in forma pauperis is GRANTED only for the purpose of dismissal. SO ORDERED, this 28th day of APRIL 2016. S/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?