David Streety v. Russ Rurka

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID STREETY, Petitioner, Case No. 2:25-cv-14061 Hon. Susan K. DeClercq v. RUSS RURKA, Respondent. _________________________________/ OPINION AND ORDER DISMISSING DUPLICATE PETITION FOR WRIT OF HABEAS CORPUS Petitioner, David Streety, is a Michigan prisoner serving a lengthy term of imprisonment for his 1996 conviction of two counts of second-degree murder. On October 8, 2025, the Sixth Circuit granted Petitioner permission to file a second or successive habeas petition. See Order, ECF No. 1, PageID.83.

Prior to filing the present petition, on October 8, 2025, Petition filed another habeas petition in accordance with the Sixth Circuit order, and it was assigned a lower case number. See Streety v. Rurka, No. 2:25-cv-13816, ECF No. 1. That first- filed petition raises the same claims and appears to be identical in substance to the instant petition.

A district court may dismiss a habeas petition when it is duplicative of a pending habeas petition. See Davis v. U.S. Parole Com’n, 870 F.2d 657, 1989 WL 25837 (6th Cir. 1989); Marks v. Wolfenbarger, No. 2:06-cv-14325, 2006 U.S. Dist. LEXIS 71937, 2006 WL 2850340, *1 (E.D. Mich. Oct. 3, 2006) (same); Fuson v. Harry, No. 06-13211-BC, 2006 U.S. Dist. LEXIS 87993, 2006 WL 2421639, *1 (E.D. Mich. Aug. 22, 2005). This petition is duplicative of the earlier-filed petition and shall therefore be dismissed.

Accordingly, IT IS ORDERED that the Petition, ECF. No. 1, is DISMISSED WITHOUT PREJUDICE. /s/Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge Dated: January 27, 2026