MENA v. UNITED STATES OF AMERICA

Filing 26

OPINION. Signed by Judge Stanley R. Chesler on 8/17/2015. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FRANCISCO MENA,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

:
:
:
:
:
:
:
:
:
:
:

Civ. Action No. 13-1508 (SRC)

OPINION

CHESLER, District Judge
This matter comes before the Court upon a Petition for a
Writ of Error Coram Nobis (ECF No. 22), filed in Petitioner’s
closed Section 2255 proceeding on May 3, 2014. Respondent filed
a response in opposition (ECF No. 25).
This matter is duplicative of Petitioner’s Civil Action No.
14-3215 (SRC) (Pet., ECF No. 1), filed on May 2, 2014, which was
dismissed on the merits by this Court on May 28, 2014. (14-3215,
ECF Nos. 2, 3.) A district court may dismiss duplicative
actions. See Johnson v. Merline, Civ. Action No. 07-2184 (JBS),
2007 WL 1456195, at *1 n.1 (D.N.J. May 14, 2007) (dismissing
duplicative habeas petition); Clayton v. District of Columbia,
(pursuant to Fed. R. of Civ. P. 42(a), a “court can generally
decide instead to dismiss a duplicative and later-filed action,
stay a later-filed action pending resolution of the previously

filed action, or enjoin the parties from proceeding with a
later-filed action.”)
For these reasons, in the accompanying Order filed
herewith, this Court will dismiss the petition (ECF No. 22).

Dated:

August 17, 2015

__s/ Stanley R. Chesler_________
STANLEY R. CHESLER
United States District Judge

2