PASCHAL v. COUNTRYMAN
PASCHAL v. COUNTRYMAN
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION
WARREN PASCHAL, JR, : : Plaintiff, : : VS. : CIVIL NO: 4:22-CV-58-CDL-MSH : Sheriff GREGORY COUNTRYMAN, : : Defendant. : _________________________________ ORDER
Presently pending before the Court is a document filed by pro se Plaintiff Warren Paschal, Jr., an inmate in the Muscogee County Jail in Columbus, Georgia, that has been docketed as a Complaint seeking relief pursuant to
42 U.S.C. § 1983(ECF No. 1). A review of Court records reveals, however, that Plaintiff’s Complaint raises the same claims Plaintiff has raised in another case pending before the Court, Paschal v. Petty, 4:22-cv-00019-CDL-MSH (M.D. Ga. Jan. 24, 2022) (“Paschal I”). “As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative” of one already pending in federal court. Curtis v. Citibank,
226 F.3d 133, 138(2d Cir. 2000). “[A] suit is duplicative of another suit if the parties, issues, and available relief do not significantly differ between the two actions.” I.A. Durbin, Inc. v. Jefferson Nat'l Bank,
793 F.2d 1541, 1551 (11th Cir. 1986). “Trial courts are afforded broad discretion in determining whether to stay or dismiss litigation in order to avoid duplicating a proceeding already pending in another federal court.” Id. at 1551-52. In his Complaint in this case, Plaintiff contends that Defendant Countryman, the Muscogee County Sheriff, has failed to provide him with adequate medical care for a hernia. Compl. 1, ECF No. 1. Those claims are already pending in Paschal I, and
Defendant Countryman is a named Defendant in that case. The present action is therefore duplicative of one already pending in this Court and shall be DISMISSED without prejudice for this reason. See Curtis,
226 F.3d at 138. Plaintiff may move to amend his Complaint in Paschal I if he finds it necessary to include in Paschal I any of the claims or factual allegations made in his Complaint in this case.
SO ORDERED, this _16th day of March, 2022.
S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA
Reference
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