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Sistrunk v. Mitchell

United States District Court, Middle District of Georgia
Sep 14, 2021
CIVIL 4:21-CV-00087-CDL-MSH (M.D. Ga. Sep. 14, 2021)

Opinion

CIVIL 4:21-CV-00087-CDL-MSH

09-14-2021

TREVIS TYRELL SISTRUNK, Plaintiff v. S.G. MITCHELL, et al., Defendant


Proceedings Under 42 U.S.C. §1983 Before the U.S. Magistrate Judge

ORDER

CLAY D. LAND, JUDGE

Pro se Plaintiff Trevis Tyrell Sistrunk, a pre-trial detainee at Muscogee County Jail in Columbus, Georgia, has filed a civil rights complaint under 42 U.S.C. § 1983. ECF No. 1. Plaintiff has also filed a motion for leave to proceed in forma pauperis. ECF No. 2. A review of the Court's records reveals that the above-captioned claim is encompassed by another claim filed by this Plaintiff. See Sistrunk v. Countryman, 4:21-cv-00069-CDL-MSH. In both claims, the Plaintiff is complaining about his dental care at the Muscogee County jail. Compare ECF No. 1 at 4-5 with ECF No. 5 at 4, 6-7 in 4:21-cv-00069-CDL-MSH.

“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 allege the same failure to treat Plaintiff's toothache and mistreatment at the hands of the dental treatment team, the present action is DISMISSED as duplicative. If Plaintiff wishes to pursue his lack of dental care claim then he should file the necessary documents related to that claim in Sistrunk v. Countryman, 4:21-cv-00069-CDL-MSH and show that case number on his pleadings.

SO ORDERED.


Summaries of

Sistrunk v. Mitchell

United States District Court, Middle District of Georgia
Sep 14, 2021
CIVIL 4:21-CV-00087-CDL-MSH (M.D. Ga. Sep. 14, 2021)
Case details for

Sistrunk v. Mitchell

Case Details

Full title:TREVIS TYRELL SISTRUNK, Plaintiff v. S.G. MITCHELL, et al., Defendant

Court:United States District Court, Middle District of Georgia

Date published: Sep 14, 2021

Citations

CIVIL 4:21-CV-00087-CDL-MSH (M.D. Ga. Sep. 14, 2021)