Opinion
Case No. 8:10-CV-1245-T-30EAJ.
June 7, 2010
ORDER
This matter is before the Court upon a sua sponte review of the file. On June 2, 2010, Plaintiff, a federal prisoner, filed his civil rights complaint (Dkt. 1). Plaintiff's complaint challenges his placement, retention, and treatment in a segregation cell. The complaint also appears to challenge his 1995 conviction.
In 1995, Plaintiff was convicted in this Court of multiple offenses and sentenced to 264 months imprisonment. See United States v. Sirocchi, et al., case no. 8:93-cr-123-T-17, Dkt. #866.
Plaintiff, however, previously filed a complaint in this Court in which he asserted the same claims he asserts in this action. See Mangiafico v. Taft Federal Correctional Facility, Case No. 8:10-cv-1242-T-33TGW. Plaintiff may not simultaneously challenge the same claims in two separate actions in this Court. Therefore, because Petitioner first filed his complaint in case no. 8:10-cv-1242-T-33TGW, the complaint in this action will be dismissed.
ACCORDINGLY, the Court ORDERS that:
1. Petitioner's complaint (Dkt. 1) is DISMISSED.
2. The Clerk shall terminate any pending motions and close this case.
DONE and ORDERED in Tampa, Florida