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

GEORGETTE B. THORNTON, : : Plaintiff : : CIVIL No: 5:22-CV-00336-MTT-MSH VS. : : CHIEF JUDGE SARAH F. WALL, : : Defendant : _________________________________

ORDER OF DISMISSAL

Pro se Plaintiff Georgette B. Thornton, a prisoner at Pulaski State Prison in Hawkinsville, Georgia, has filed a civil rights complaint under

. 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 pending claim filed by this Plaintiff. Compare ECF No.1 with ECF No. 10 in Thornton v. Department of Corrections, Case No. 5:22-cv-00223-TES-MSH. In both complaints, the Plaintiff is complaining about Defendant Judge Wall’s actions and decisions regarding Plaintiff’s incarceration and sentence. “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,

(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 Plaintiff’s claims in this action are duplicative to her pending litigation in Thornton v. Department of Corrections, Case No. 5:22-cv-00223-TES-MSH, the present action is DISMISSED as duplicative.1

SO ORDERED, this 3rd day of October, 2022.

S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

1 Plaintiff is cautioned that repetitive filing of duplicative complaints can subject Plaintiff to a dismissal of such complaints as frivolous or malicious under 28 U.S.C. § 1915A and therefore a “strike” under

(g). See Daker v. Bryson, Case No. 5:15-CV-88-CAR-CHW,

, at *2-4 (M.D. Ga. Dec. 29, 2017), report and recommendation adopted, No. 5:15-CV-88-TES-CHW,

(M.D. Ga. July 19, 2018); Childs v. Miller,

(10th Cir. 2013) (“When a pro se litigant files complaints that are repetitive, duplicative of other filings, without merit, or frivolous, he abuses the district court process.”); Caballero v. Robinson,

(5th Cir. 1996) (unpublished opinion) (holding that a “plainly duplicative” lawsuit was “subject to dismissal as malicious and abusive” even though plaintiff named additional defendants in later-filed case).