Opinion
No. 20-CV-10290 (RA)
01-05-2021
EZRA TESSEMA, Petitioner, v. DEPARTMENT OF LABOR/OLC, (DON) OFFICE OF GENERAL COUNSEL-SEC NAVY, ENVIRONMENTAL PROECTION AGENCY, DEPARTMENT OF VETERANS AFFARIS, EMPLOYER SUPPORT OF THE GUARD AND RESERVE, DR. TEDLA TESSEMA, DESTA TESSEMA Respondents.
ORDER OF DISMISSAL
:
Petitioner, appearing pro se, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, "challenging the unethical research that is being conducted on [him] via various environmental exposures on [his] body compounded by a nefarious use of statistics to justify exclusionist behavioral economic policy." Pet. at 2. The Court dismisses the petition as duplicative of a pending case.
Petitioner has previously filed a substantially similar complaint against Defendant Environmental Protection Agency alleging that he is a "non consent human research subject under the color law of policy enforcement." That case is presently pending before the Honorable Mary Kay Vyskocil of this Court under docket number 20-cv-9700, Tessema v EPA. As the complaint in that action raises substantially the same claims as the instant petition, the petition is dismissed. See Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000) ("As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative of another federal court suit.").
Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
The Clerk of Court is respectfully directed to mail a copy of this order to Petitioner. SO ORDERED. Dated: January 5, 2021
New York, New York
/s/_________
RONNIE ABRAMS
United States District Judge