BECKMAN v. VANIHEL

Filing 5

Order Dismissing Action as Duplicative and Denying Motion for Leave to Proceed in Forma Pauperis as Moot - This action is dismissed because it is duplicative of Beckman v. Vanihel, case number 2:20-cv-00607-JPH-DLP, filed in this Court at the same time this action was filed. The motion for leave to proceed in forma pauperis, dkt. #2 , is denied as moot. See Order. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 11/20/2020. (KAA)

Case 2:20-cv-00608-JPH-MJD Document 5 Filed 11/20/20 Page 1 of 2 PageID #: 18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
CHRISTOPHER STEPHEN BECKMAN,

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Plaintiff,
v.
FRANK VANIHEL,
Defendant.

No. 2:20-cv-00608-JPH-MJD

Order Dismissing Action as Duplicative
and Denying Motion for Leave to Proceed in Forma Pauperis as Moot
This action is dismissed because it is duplicative of Beckman v. Vanihel, case number
2:20-cv-00607-JPH-DLP, filed in this Court at the same time this action was filed. Both actions
name the same defendant for policies at the same correctional facility alleged to impinge on the
plaintiff's First Amendment rights. The first suit filed concerns a prison policy alleged to prevent
inmates from purchasing items such as games from outside vendors, and this suit concerns a policy
preventing inmates from purchasing photographs from outside vendors.
"[A] district court may dismiss a complaint if it duplicates another federal case, such as
when the 'claims, parties, and available relief do not significantly differ between the two actions.'"
Northern v. Stroger, 676 F. App'x 607, 608 (7th Cir. 2017) (quoting McReynolds v. Merrill Lynch
& Co, Inc., 694 F.3d 873, 888–89 (7th Cir. 2012)); Trippe Mfg. Co. v. Am. Power Conversion
Corp., 46 F.3d 624, 629 (7th Cir. 1995) (same); Rizzo v. City of Wheaton, Ill., 462 F. App'x 609,
613 (7th Cir. 2011) (same).
Mr. Beckman may add the specific factual allegations from this suit to his earlier suit by
filing an amended complaint within the time allowed for doing so. See Fed. R. Civ. P. 15(a).
The motion for leave to proceed in forma pauperis, dkt. [2], is denied as moot.
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Case 2:20-cv-00608-JPH-MJD Document 5 Filed 11/20/20 Page 2 of 2 PageID #: 19

If Mr. Beckman believes these actions should not procced as one, and that this action
should have been allowed to proceed independently of 1:20-cv-00607-JPH-MJD, he must file a
motion for reconsideration no later than twenty-eight days after entry of this Order. See Fed. R.
Civ. P. 59(b).
Final judgment in accordance with this Order shall now enter.
SO ORDERED.
Date: 11/20/2020

Distribution:
Christopher Stephen Beckman
100203
Wabash Valley Correctional Facility - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
Carlisle, IN 47838

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