ANTHONY v. HASSELL, No. 4:2013cv01423 - Document 9 (N.D. Ala. 2013)
Court Description: MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/10/13. (SAC )
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FILED 2013 Dec-10 AM 11:52 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION JOSEPH DANIEL ANTHONY, ) ) ) ) ) ) ) ) ) Petitioner, v. SCOTT HASSELL, Warden, Respondent. Case No. 4:13-cv-1423-WMA-PWG MEMORANDUM OPINION This case is before the court on the Petition for Habeas Corpus brought by petitioner, Joseph Daniel Anthony ( Petitioner ), pursuant to 28 U.S.C. § 2241. Petitioner initially filed this case on May 8, 2013, in the Northern District of Florida. (Doc. # 1). On July 31, 2013, the case was transferred to the Northern District of Alabama. (Doc. # 7). Upon review, the assigned magistrate judge found a preceding § 2241 petition pending in Petitioner on April 24, 2013. 4:13-cv-0767-SLB-PWG). this district; it was filed by (See Anthony v. Hassell, et al., No. Further review reveals that the two petitions seek identical relief and are, in fact, nearly identical copies of one another. (Compare 4:13-cv-0767-SLB-PWG Doc. # 1 with 4:13-cv-1427-WMA-PWG Doc. # 1). Accordingly, on November 20, 2013, the magistrate judge ordered Petitioner to show cause within fourteen (14) days why this later-filed petition should not be dismissed as duplicative. (Doc. # 8). nothing in response to this order. Petitioner has filed Accordingly, this case is due to be dismissed as duplicative of Petitioner s earlier-filed and currently pending § 2241 habeas petition. An appropriate order will be entered. DONE this 10th day of December, 2013. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE 2
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