Cunningham v. Indiana Department of Corrections et al

Filing 5

OPINION AND ORDER: This case is DISMISSED WITHOUT PREJUDICE as inadvertently opened and the clerk is DIRECTED to transfer Cunningham's filings in this case [DE] 1, 2, 3, and 4 into 3:16-CV-397. Cunningham is ADMONISHED to put that cause number on everything he is filing in that case. Signed by Judge Jon E DeGuilio on 7/11/2016. (lhc)(cc: Cunningham)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
TRAVIS CUNNINGHAM,
Plaintiff,
v.
INDIANA DEPARTMENT OF
CORRECTIONS and WESTVILLE
CORRECTIONAL FACILITY
Defendants.

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Cause No. 3:16-CV-441 JD

OPINION AND ORDER
Travis Cunningham, a pro se prisoner, sent the clerk a document captioned, “In 42 U.S.C.
1983 Act Civil Rights Complaint” with several other documents. This complaint names the Indiana
Department of Corrections and the Westville Correctional Facility as defendants and alleges that
they are “depriving plaintiff his due process of law in evidence proceedings and good time credit,
plus credit class[, b]reaching plaintiffs court sentence order, and denying him medical treatment
for mental illness[, c]ausing plaintiff mental anguish, duress, and pain, and suffering[, m]oney loss
from not being allowed to work at work release.” DE 1 at 1.
Because Cunningham did not put a case number on any of these papers, the clerk properly
used them to open this new case. However, Cunningham is already suing these same defendants
raising similar claims in 3:16-CV-397. It would be malicious to sue the same defendants for the
same events in two cases. Though it is unclear what Cunningham intended when he filed these
papers, it does not appear that he intended to bring a duplicate lawsuit.
For these reasons, this case is DISMISSED WITHOUT PREJUDICE as inadvertently
opened and the clerk is DIRECTED to transfer Cunningham’s filings in this case (DE 1, 2, 3, and

4) into 3:16-CV-397. Cunningham is ADMONISHED to put that cause number on everything he
is filing in that case.
SO ORDERED.
ENTERED: July 11, 2016

/s/ JON E. DEGUILIO
Judge
United States District Judge

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