Opinion
CIVIL CASE NO. 05-CV-73311-DT.
October 27, 2005.
ORDER OF DISMISSAL
Petitioner Levar Darnell Shannon has filed a pro se habeas petition under 28 U.S.C. § 2254. The habeas petition challenges Petitioner's state convictions for assault with intent to murder, first-degree home invasion, and felony firearm. The same convictions are the subject of another habeas petition filed by Petitioner. See Shannon v. Berghuis, Civil Case No. 05-CV-40269-FL (E.D. Mich. Aug. 25, 2005).
"[G]enerally, 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, as part of its general power to administer its docket, "may stay or dismiss a case that is duplicative of another federal court suit." Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000).Piedra v. Aguirre, 125 Fed. Appx. 968, 969 (10th Cir. 2005).
Petitioner's arguments, the parties, and the available relief in Petitioner's two habeas cases are the same. It appears that, due to either a clerical error by the Clerk of Court or a mistake on the part of Petitioner, the habeas petition in this case was filed one day after an identical habeas petition was filed in case number 05-CV-40269-FL. Accordingly, this case is DISMISSED without prejudice as duplicative of case number 05-CV-40269-FL.