Opinion
Case No. 2:18-cv-11181
04-30-2018
JAMAL BASIM EL-AMIN, Petitioner, v. RANDALL HAAS, Respondent.
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS [Dkt. No. 1] WITHOUT PREJUDICE AS DUPLICATIVE TO EL-AMIN V. HAAS, CASE NO. 18-CV-10919
Petitioner, Jamal Basim El-Amin, is in state custody by virtue of his Wayne Circuit Court convictions for a number of narcotic and related offenses. He filed this petition for writ of habeas corpus challenging these offenses under 28 U.S.C. § 2254. Prior to filing the present petition, Petition filed another habeas petition with this Court, and it was assigned a lower case number. See El-Amin v. Haas, No. 2:18-cv-10919, Dkt. 1. That first-filed petition concerns the same convictions challenged in the pending matter, and is identical in substance to the instant petition. See id.
"[A] suit is duplicative if the claims, parties, and available relief do not significantly differ between the two actions." Serlin v. Arthur Andersen & Co., 3 F.3d 221, 223 (7th Cir. 1993) (internal quotation marks and citations omitted). A district court may dismiss a habeas petition when it is duplicative of a pending habeas petition. See Davis v. U.S. Parole Com'n, 870 F.2d 657, 1989 WL 25837 (6th Cir. 1989); Marks v. Wolfenbarger, No. 2:06-cv-14325, 2006 U.S. Dist. LEXIS 71937, 2006 WL 2850340, *1 (E.D. Mich. Oct. 3, 2006); Fuson v. Harry, No. 06-13211-BC, 2006 U.S. Dist. LEXIS 87993, 2006 WL 2421639, *1 (E.D. Mich. Aug. 22, 2005). This petition is duplicative of the earlier-filed petition and shall therefore be dismissed.
Accordingly, IT IS ORDERED that the Petition [Dkt. No. 1] is DISMISSED WITHOUT PREJUDICE AS DUPLICATIVE. All subsequent papers and documents must be filed in El-Amin v. Haas , Case No. 2:18-cv-10919.
SO ORDERED.
s/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court Dated: April 30, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 30, 2018, by electronic and/or ordinary mail.
s/LaShawn R. Saulsberry
Case Manager