UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

NIKETA LESHUN SHERILL,

Plaintiff,

v. Case No. 8:22-cv-2122-WFJ-AEP

SARASOTA POLICE DEPARTMENT, et al.,

Defendants. _____________________________/

ORDER

Mr. Sherill filed a civil rights complaint (Doc. 1). He alleges that on April 7, 2021, while exiting a convenience store in Sarasota, Florida, he was subjected to excessive force when he was shot with a stun gun by a police officer. Mr. Sherill previously filed a complaint in this Court on May 3, 2022, in which he alleged the same claim, and the action is pending. See Sherill v. M. Spencer, Case No. 8:22-cv-1036-KKM-AEP. Mr. Sherill may not simultaneously litigate duplicative suits in two cases in this Court. Therefore, because Mr. Sherill first filed his complaint in Case No. 8:22-cv-1036-KKM-AEP, the complaint in this case will be dismissed. See Curtis v. Citibank, N.A.,

, 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

1 same court, against the same defendant at the same time”). Accordingly, the complaint (Doc. 1) is DISMISSED without prejudice to Mr. Sherill pursing his claims in Case No. 8:22-cv-1036-KKM-AEP. The Clerk must close this case. ORDERED in Tampa, Florida on September 19, 2022.

WILLIAM F. ca UNITED STATES DISTRICT JUDGE

Copy to: Niketa Leshun Sherill, pro se