Wright v. Secretary, Department of Corrections (Polk County)

United States District Court for the Middle District of Florida

Wright v. Secretary, Department of Corrections (Polk County)

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

SHANNON B. WRIGHT,

Petitioner,

v. Case No. 8:22-cv-1020-WFJ-AAS

SECRETARY, DEPARTMENT OF CORRECTIONS,

Respondent. _________________________________/

ORDER

Petitioner filed a petition for the writ of habeas corpus under

28 U.S.C. § 2254

(Doc. 1). Upon review of the petition and taking judicial notice of other actions filed by Petitioner in this Court, see Fed.R.Evid. 201, Petitioner has a petition for the writ of habeas corpus pending in another case in this Court that challenges the same convictions Petitioner challenges here. Petitioner may not simultaneously litigate duplicative suits in two cases in this Court. Therefore, because Petitioner first filed his petition in Case No. 8:21-cv-2741- TPB-SPF (M.D.Fla.), the petition in this action will be dismissed. See Curtis v. Citibank, N.A.,

226 F.3d 133

, 138 39 (2d Cir. 2000) (where actions are identical “simple dismissal of the second suit is [a] common disposition because plaintiffs have no right to maintain two actions on the same subject in the same court, against the

1 same defendant at the same time”). Accordingly, the petition (Doc. 1) is DISMISSED without prejudice to Petitioner pursuing his challenge to his convictions in Case No. 8:21-cv-2741-TPB- SPF (M.D.Fla.). The Clerk must FILE the petition in this case (Doc. 1) in Wright v. Sec’y, Dep’t. of Corrections, Case No. 8:21-cv-2741-TPB-SPF (M.D.Fla.), docket the petition as Petitioner’s amended petition, and CLOSE this case. ORDERED in Tampa, Florida on May 18, 2022. litho, UNITED STATES DISTRICT JUDGE Copy to: Pro se Petitioner

Reference

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