Opinion
CIVIL 5:23-CV-00068-TES-CHW
03-13-2023
PHILLIP RANDY STAPLES, Plaintiff v. Commissioner TYRONE OLIVER, et al., Defendants
ORDER
TILMAN E. SELF, III., JUDGE UNITED STATES DISTRICT COURT.
Pro se Plaintiff Phillip Randy Staples, a prisoner at Washington State Prison in Davisboro, 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 duplicative of another claim filed by this Plaintiff. See Staples v. Oliver, 5:23-cv-00067-TES-MSH. In both claims, Plaintiff complains about his medical care at Washington State Prison with incident dates of January 13 and January 17, 2023. Compare ECF No. 1 with ECF No. 1 in Staples v. Oliver, 5:23-cv-00067-TES-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 properly treat Plaintiff's heart condition, the present action is DISMISSED as duplicative. Plaintiff cannot file any other pleadings under this civil action number, 5:23-cv-00068-TES-CHW. All future pleadings as to this claim must be filed in Staples v. Oliver, 5:23-cv-00067-TES-MSH and show that case number on his filings.
SO ORDERED.