Opinion
Civil Action No. 18 - 289
10-15-2018
GREGORY SHANE KINNARD, JR., Plaintiff, v. PA. DEPT. OF CORRECTIONS, et al., Defendants.
MEMORANDUM ORDER
Upon review, the Court has determined that the above action case number is duplicative of Case No. 18-298. As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative of another suit in federal court. See Colo. River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976) ("As between federal district courts, . . . though no precise rule has evolved, the general principle is to avoid duplicative litigation."); Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir. 1977) (en banc) (prohibiting a plaintiff from "maintin[ing] two separate actions involving the same subject matter at the same time in the same court and against the same defendant.") Given that Case No. 18-298 is further along in its procedural posture, the undersigned will dismiss this action as duplicative so that Plaintiff can pursue his claims against Defendants in Case No. 18-298.
The complaints in these two cases are identical. --------
AND NOW, this 15th day of October, 2018;
IT IS HEREBY ORDERED that this case is dismissed as duplicative to Case No. 18-298.
AND IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge cc: Gregory Shane Kinnard, Jr.
EV-9358
SCI Greene
175 Progress Drive
Waynesburg, PA 15370