Opinion
Case No.: 2:20-cv-536-FtM-38NPM
08-11-2020
JESSIE LEE BIZZELL, Plaintiff, v. KUNTZMAN CANSON CONSULTANTS and 21ST CENTURY ONCOLOGY HOLDINGS, INC., Defendants.
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Before the Court is Plaintiff's pro se handwritten complaint filed July 27, 2020. (Doc. 1). To the extent discernable, Plaintiff, a state prisoner, claims an entitlement to $1,000,000.00 as a creditor in a New York bankruptcy proceeding. The Court does not appear to have subject matter jurisdiction for this action. But, it would be futile for the Court to order Plaintiff to show cause why the Court should not dismiss this action for lack of subject matter jurisdiction because Plaintiff has an earlier-filed duplicative action pending in the Jacksonville Division of this Court at case no. 3:20-cv-792-J-32PDB. Plaintiff may not have duplicative cases pending before the Court. Because Plaintiff's case in the Jacksonville Division was filed first, the Court will dismiss this action as duplicative.
Plaintiff responded to the Court's Order to Show Cause concerning subject matter jurisdiction and the case remains pending at time of this Order. --------
Accordingly, it is now
ORDERED:
1. Plaintiff's Complaint (Doc. 1) is DISMISSED as duplicative.
2. The Clerk is DIRECTED to terminate any deadlines, deny as moot any pending motions, enter judgment, and close this case.
DONE and ORDERED in Fort Myers, Florida this 11th day of August 2020.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE SA: FTMP-1
Copies: All Parties of Record