Legion v. Mckee

Filing 2

ORDER OF DISMISSAL Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANTHONY LEGION,
Case No. 15-cv-11463

Petitioner,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
KENNETH T. MCKEE,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Respondent.
/

ORDER OF DISMISSAL
This matter has come before the Court on Anthony Legion’s (“Petitioner”) memorandum
of law in support of an amended habeas corpus petition. Although the case number provided on
the memorandum is 05-40181, the memorandum was treated as a new case and given the number
15-11463. Petitioner’s attorney has informed the Court that the memorandum should have been
filed in case number 05-40181 instead of being treated as a new case and that she already filed
the identical memorandum in case number 05-40181.
“[P]laintiffs have no right to maintain two actions on the same subject in the same court,
against the same defendant at the same time.” Curtis v. Citibank, N.A., 226 F.3d 133, 139 (2d
Cir. 2000). Because Petitioner’s attorney filed the memorandum in an active case, which is
pending before another judge in this District, the logical and most efficient approach to avoiding
the duplicate filing is to dismiss this case in favor of the earlier case. See Pittman v. Moore, 980
F.2d 994, 995 (5th Cir. 1993) (affirming the District Court’s dismissal of a pro se prisoner’s
complaint that duplicated the allegations raised in another federal lawsuit filed by the same

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prisoner). Accordingly, the Court SUMMARILY DISMISSES this case WITHOUT
PREJUDICE to Petitioner’s right to challenge his state conviction in case number 05-40181.
SO ORDERED.
Dated: April 30, 2015
/s/Gershwin A Drain
Hon. Gershwin A. Drain
United States District Court Judge

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