Hinkle v. St. Louis Metropolitan Police et al

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that this case is DISMISSED, without prejudice. A separate order of dismissal will be entered herewith.IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken ingood faith.. Signed by District Judge Jean C. Hamilton on 03/09/2018. (AAS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEMARCO G. HINKLE,
Plaintiff,
v.
ST. LOUIS METROPOLITAN POLICE and
CARLTON MCGRAW,
Defendants.

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No. 4:18-cv-295-JCH

MEMORANDUM AND ORDER
This matter is before the Court upon review pursuant to 28 U.S.C. § 1915A. Plaintiff, a
prisoner, filed the instant complaint in this Court on February 20, 2018 against the St. Louis
Metropolitan Police Department and Carlton McGraw. Plaintiff alleges that, on February 15,
2015, he was injured in a car accident caused by the St. Louis Metropolitan Police Department.
He seeks monetary damages.
On February 7, 2018, plaintiff filed a complaint in the United States District Court for the
Western District of Missouri, alleging identical claims against the same two defendants and
seeking monetary damages. On February 20, 2018, that case was transferred here on the basis of
venue. See Hinkle v. St. Louis Metropolitan Police and Carlton McGraw, Case No. 4:18-cv-299
(E.D. Mo. 2018) (hereafter “Hinkle I”).
The instant complaint raises identical claims against the same parties plaintiff is suing in
Hinkle I . This action will therefore be dismissed as duplicative of that pending action. See Aziz
v. Burrows, 976 F.2d 1158, 1158-59 (8th Cir. 1992) (affirming 28 U.S.C. § 1915 dismissal on
ground that “district courts may dismiss a duplicative complaint raising issues directly related to
issues in another pending action brought by the same party”).

Accordingly,
IT IS HEREBY ORDERED that this case is DISMISSED, without prejudice. A
separate order of dismissal will be entered herewith.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this ____9th____ day of March, 2018.

\s\ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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