Kaira v. Moniz et al

Filing 8

District Judge Leo T. Sorokin: ORDER entered. This action is DISMISSED as duplicative of Kaira v. Moniz, et al., C.A. No. 17-11938-FDS (pending). The Clerk shall enter a separate order of dismissal and terminate this action. The clerk mailed a copy of the order to petitioner and respondent by first class mail on 10/16/17. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

BAH DEMBO KAIRA,
Petitioner,
v.
SUPERINTENDENT ANTONE MONIZ,
Respondent.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 17-11762-LTS

ORDER
October 16, 2017
SOROKIN, D.J.
On October 13, 2017, petitioner Bah Dembo Kaira, an immigration detainee in custody at
the Plymouth County Correctional Facility, filed a petition for a writ of habeas corpus under 28
U.S.C. § 2241. At that time, a service order issued and the petition was served.
However, a review of the Court’s records reveals that Kaira’s petition is identical to the
petition he filed three days earlier, on October 10, 2017. See Kaira v. Moniz, et al., C.A. No. 1711938-FDS (pending). On October 11, 2017, Kaira’s original petition was served on the
respondents. Id.
It is well established that a district court has the inherent power to manage its own
proceedings and to control the conduct of litigants who appear before it. See Chambers v.
Nasco, Inc., 501 U.S. 32, 46–50 (1991); accord United States v. Kouri–Perez, 187 F.3d 1, 6–8
(1st Cir.1999) (same).
In light of the fact that Mr. Kaira’s petition is now pending in Kaira v. Moniz, et al., C.A.
No. 17-11938-FDS, it would be wasteful of judicial resources to permit the instant, identical

action to continue. As a matter of judicial economy and the district court’s inherent authority to
manage its own docket, this Court finds no basis for permitting this duplicative action to
proceed.
Accordingly, this action is DISMISSED as duplicative. The Clerk shall enter a separate
order of dismissal and terminate this action.
SO ORDERED.
/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge

2