SHANEKINNARD v. PA. DEPT. OF CORRECTIONS et al

Filing 5

ORDER dismissing this case as duplicative to Case No. 18-298. Signed by Magistrate Judge Lisa Pupo Lenihan on October 15, 2018. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

GREGORY SHANE KINNARD, JR.,
Plaintiff,
v.
PA. DEPT. OF CORRECTIONS, et
al.,
Defendants.

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Civil Action No. 18 – 289
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Upon review, the Court has determined that the above action case number is duplicative
of Case No. 18-298. 1 As part of its general power to administer its docket, a district court may
stay or dismiss a suit that is duplicative of another suit in federal court. See Colo. River Water
Conservation Dist. v. United States, 424 U.S. 800, 817 (1976) (“As between federal district
courts, . . . though no precise rule has evolved, the general principle is to avoid duplicative
litigation.”); Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir. 1977) (en banc) (prohibiting a
plaintiff from “maintin[ing] two separate actions involving the same subject matter at the same
time in the same court and against the same defendant.”) Given that Case No. 18-298 is further
along in its procedural posture, the undersigned will dismiss this action as duplicative so that
Plaintiff can pursue his claims against Defendants in Case No. 18-298.
AND NOW, this 15th day of October, 2018;

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The complaints in these two cases are identical.
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IT IS HEREBY ORDERED that this case is dismissed as duplicative to Case No. 18298.
AND IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge
cc: Gregory Shane Kinnard, Jr.
EV-9358
SCI Greene
175 Progress Drive
Waynesburg, PA 15370

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