Opinion
Case No.: 2:19-cv-808-FtM-38MRM
04-20-2020
JOHN GLENN HOUTSMA, Plaintiff, v. RICK SLOAN, REBECCA JACKSON, NEVILLE GRAHAM and RIDDLE, Defendants.
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This matter is before the Court on sua sponte review of the record. Plaintiff John Houtsma a civil detainee at the Florida Civil Commitment Center (FCCC) initiated this action by filing a Complaint (Doc. 1) against the Department of Children and Families, Doc, CCS, Liberty Health Care, FCCC Chaplain Rick Sloan, FCCC Grievance Examiner Rebecca Jackson, Neville Graham, and Ms. Riddle, in the United States District Court for the Northern District of Florida on June 5, 2019. The Northern District transferred the case to this Court. (Doc. 9).
The Court takes judicial notice of its files which reveal Plaintiff filed the same Complaint (Doc. 1) was filed in this Court as case no. 2:18-cv-622 on September 17, 2018, which remains pending at case no. 2:19-cv-894-SPC-NPM. Plaintiff may not proceed in two separate actions on the same claim. The Court will dismiss this action as duplicative and Plaintiff may proceed on his earlier filed action.
The Court determined that the initial case 2:18-cv-622 filed on September 17, 2018, was improperly closed. That case was reopened and transferred to case 2:19-cv-894. Thus, 2:19-cv-894 remains the earlier filed action. --------
Accordingly, it is now
ORDERED:
The case is DISMISSED as duplicative of case 2:19-cv-894-FtM-SPC-NPM.
DONE and ORDERED in Fort Myers, Florida this 20th day of April 2020.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE SA: FTMP-2
Copies: All Parties of Record