El-Amin v. Haas et al

Filing 6

OPINION and ORDER Dismissing 1 Petition for Writ of Habeas Corpus Without Prejudice as Duplicative to El-Amin v. Haas, Case No. 18-cv-10919. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMAL BASIM EL-AMIN,

Petitioner,

Case No. 2:18-cv-11181
Hon. Denise Page Hood

v.
RANDALL HAAS,
Respondent.
___________________________________/
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS
CORPUS [Dkt. No. 1] WITHOUT PREJUDICE AS DUPLICATIVE
TO EL-AMIN V. HAAS, CASE NO. 18-CV-10919
Petitioner, Jamal Basim El-Amin, is in state custody by virtue of his
Wayne Circuit Court convictions for a number of narcotic and related offenses.
He filed this petition for writ of habeas corpus challenging these offenses
under 28 U.S.C. § 2254. Prior to filing the present petition, Petition filed
another habeas petition with this Court, and it was assigned a lower case
number. See El-Amin v. Haas, No. 2:18-cv-10919, Dkt. 1. That first-filed
petition concerns the same convictions challenged in the pending matter, and
is identical in substance to the instant petition. See id.
“[A] suit is duplicative if the claims, parties, and available relief do not
significantly differ between the two actions.” Serlin v. Arthur Andersen & Co.,

3 F.3d 221, 223 (7th Cir. 1993) (internal quotation marks and citations
omitted). A district court may dismiss a habeas petition when it is duplicative
of a pending habeas petition. See Davis v. U.S. Parole Com’n, 870 F.2d 657,
1989 WL 25837 (6th Cir. 1989); Marks v. Wolfenbarger, No. 2:06-cv-14325,
2006 U.S. Dist. LEXIS 71937, 2006 WL 2850340, *1 (E.D. Mich. Oct. 3, 2006);
Fuson v. Harry, No. 06-13211-BC, 2006 U.S. Dist. LEXIS 87993, 2006 WL
2421639, *1 (E.D. Mich. Aug. 22, 2005). This petition is duplicative of the
earlier-filed petition and shall therefore be dismissed.
Accordingly, IT IS ORDERED that the Petition [Dkt. No. 1] is
DISMISSED WITHOUT PREJUDICE AS DUPLICATIVE. All subsequent
papers and documents must be filed in El-Amin v. Haas, Case No. 2:18-cv10919.
SO ORDERED.

s/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: April 30, 2018
I hereby certify that a copy of the foregoing document was served upon
counsel of record on April 30, 2018, by electronic and/or ordinary mail.
s/LaShawn R. Saulsberry
Case Manager
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