MAZZETTI v. THE NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY et al

Filing 3

OPINION fld. Signed by Judge John Michael Vazquez on 10/20/16. (sr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
DENNIS MAZZETTI,
:
individually and on behalf of :
D.M. as the “Next Friend” of :
D.M. a minor,
:
:
Plaintiff,
:
:
v.
:
:
CHRISTOPHER JAMES “CHRIS”
:
CHRISTIE, et al.,
:
:
Defendants.
:
:

Civil Action No. 15-610(JMV)
OPINION

APPEARANCES:
Kenneth J. Rosellini, Esq.
636A Van Houten Avenue
Clifton, New Jersey 07013
For Plaintiff.
VAZQUEZ, District Judge
Plaintiff Dennis Mazzetti, individually and on belief of D.M.
as the “Next Friend” of D.M., a minor, initiated this action on
January 29, 2015 by filing a self-styled “Complaint, Jury Demand
and Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254.”
(ECF No. 1.) The Court notes this Complaint/Petition is duplicative
of the complaint Plaintiff filed in Civil Action No. 14-8134(KM).
A

district

court

may

stay

or

dismiss

without

prejudice

a

duplicative action against the same defendants, involving the same
1

subject

matter,

and

in

the

same

court.

McKenna

v.

City

of

Philadelphia, 304 F. App’x 89, 94 (3d Cir. 2008). Therefore, the
Court will dismiss this action without prejudice.
An appropriate order follows.
s/John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
Date: 10/20/16
At Newark, New Jersey

2