Filing 26

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

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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

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