SHEARER v. UNNAMED DEFENDANT

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)

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

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