Opinion
CIVIL NO. 4:20-CV-00311-CDL-MSH
01-14-2021
ERIC HOUSTON, Petitioner, v. CASEY, et. al., Respondent.
ORDER
Petitioner Eric Houston has filed an application for federal habeas corpus relief, pursuant to 28 U.S.C. § 2241, to challenge the legality of his confinement at the Robert A Deyton Detention Facility in Lovejoy, Georgia. ECF No. 1. He has not yet paid the required filing fee in this case. A review of the Court's records also reveals that the above-captioned petition is nearly identical to one filed to initiate a previous active habeas action, see Houston v. Pearce, et.al, 7:20-cv-00250-HL-TQL.
Petitioner also has filed a similar pleading as a §1983 civil rights complaint in Houston v. Pearce, 7:20-cv-00257-HL-TQL that is being transferred to the Northern District of Georgia as was Houston v. Pearce, 4:20-cv-00312-CDL-MSH and Houston v. Pearce, 5:20-cv-00460-TES-CHW. --------
"As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative" of another active case. Curtis v. Citibank, 226 F.3d 133, 138 (2d Cir. 2000). "[A] suit is duplicative ... if the parties, issues, and available relief do not significantly differ between the two actions." IA. Durbin, Inc. v. Jefferson Nat'l Bank, 793 F.2d 1541, 1551 (11th Cir. 1986). Because the pleadings in these cases are identical and seek the same relief from the same indictment, the present action is DISMISSED as duplicative. Plaintiff shall proceed with his habeas claims in Houston v. Pearce, et.al, 7:20-cv-00250-HL-TQL, and all documents filed should show that case number. SO ORDERED, this 14th day of January, 2021.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE