IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

GEORGE WALTER BREWSTER, III., : : Petitioner, : : NO. 4:21-CV-00146-CDL-MSH VS. : : Former Sheriff DONNA TOMPKINS, : : Respondent. : ________________________________ :

ORDER

Pro se Petitioner George Walter Brewster, III, an inmate at the Muscogee County Jail in Columbus, Georgia, has filed this petition for a writ of habeas corpus challenging his incarceration on Muscogee County Superior Court criminal case SU-20-CR-2594. ECF No. 1 at 1-2. He has not yet paid the required filing fee in this case. A review of the Court’s records also reveals that the above-captioned petition is nearly identical to one filed to initiate another active habeas action.1 Compare ECF No. 1 with ECF No. 1 in Brewster v. Countryman 4:21-cv-00153-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,

,

1 Petitioner has in fact filed no less than five habeas petitions this year (including this case) in which he challenges his current incarceration in the Muscogee County jail without exhausting his state remedies. See Brewster v. Thompkins, 4:20-cv-00013-CDL-MSH (M.D.Ga.Oct.21,2020)(dismissed); Brewster v. Countryman, 4:21-cv-00017-CDL-MSH (M.D. Ga. Sep. 8, 2021)(dismissed); Brewster v. Countryman, 4:21-cv-00023-CDL-MSH (M.D. Ga. Oct. 6, 2021)(dismissed); Brewster v. Countryman, 4:21-cv-00153-CDL-MSH (M.D. Ga. Oct. 22, 2021)(report and recommendation submitted). 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,

, 1551 (11th Cir. 1986). Because the pleadings in these cases are identical and seek the same relief from the same indictment, the present action is DISMISSED as duplicative.

SO ORDERED, this 23rd day of November, 2021.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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