KERSAINT v. VALDOSTA STATE PRISON
KERSAINT v. VALDOSTA STATE PRISON
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION JORDAN KERSAINT, : Plaintiff, v . : Case No: 7:25-CV-00061-WLS-ALS VALDOSTA STATE PRISON, : Defendant.
ORDER Pro se Plaintiff Jordan Kersaint, a prisoner at Valdosta State Prison in Valdosta, Georgia, has filed a complaint seeking relief pursuant to
42 U.S.C. § 1983. ECF No. |. Plaintiff complains that in January 2025, a corrections officer used excessive force in violation of Plaintiff's constitutional rights. /d. at 4. However, a review of the Court’s records reveals that Plaintiff filed two other civil actions within a month’s time complaining about this same incident, See Kersaint v, Valdosta State Prison, 7:25-cv- 00038-WLS-ALS and Kersaint v. Valdosta State Prison, 7:25-cv-00053-WLS-ALS. “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,
226 F.3d 133, 138(2d Cir. 2000). “[A] suit is duplicative ... ifthe parties, issues, and available relief do not significantly differ between the two actions.” JA, Durbin, Inc. v. Jefferson Nat'l Bank,
793 F.2d 1541, 1551 (11th Cir. 1986). Because the pleadings in the present civil action are identical to a pending civil action, the present action is DISMISSED as duplicative,
Plaintiff cannot file any other pleadings under this civil action number 7:25-cv-0006 I- WLS-ALS. Lastly, Plaintiff is advised that the Court is currently in the process of conducting its preliminary screening of Plaintiffs complaint in Kersaint v. Valdosta State Prison, 7:25-cv-00038-WLS-ALS as mandated by the Prison Litigation Reform Act, 28 U.S.C. § 1915A(a). While Kersaint v. Valdosta State Prison, 7:25-cv-00038-WLS-ALS is under review and in litigation, Plaintiff is ORDERED not to file duplicative complaints raising same claims as he has done here nor should he file duplicative motions in his pending civil action. SO ORDERED, this [4/4 day of May 2025. Ww L 6m Line W, LOUIS SANDS, JUDGE UNITED STATES DISTRICT COURT
Reference
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