HACKNEY v. STATE OF INDIANA et al, No. 2:2020cv00435 - Document 4 (S.D. Ind. 2020)

Court Description: ORDER DISMISSING ACTION AS DUPLICATIVE AND DIRECTING ENTRY OF FINAL JUDGMENT - This action is dismissed without prejudice as duplicative of the 00424 case. The clerk is directed to docket a copy of Mr. Hackney's motion for leave to proceed in f orma pauperis, dkt. 2 , in no. 2:20-cv-00424-JPH-MJD. All motions pending in this action are denied as moot. The clerk is directed to issue final judgment consistent with this Order. SEE ORDER. Copy sent to Petitioner via US Mail. Signed by Judge James Patrick Hanlon on 9/25/2020. (JRB)

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HACKNEY v. STATE OF INDIANA et al Doc. 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOSHUA HACKNEY, ) ) ) ) ) ) ) ) ) Petitioner, v. STATE OF INDIANA, et al. Respondents. No. 2:20-cv-00435-JPH-MJD ORDER DISMISSING ACTION AS DUPLICATIVE AND DIRECTING ENTRY OF FINAL JUDGMENT Joshua Hackney's petition for a writ of habeas corpus seeks relief from prison disciplinary proceeding ISF 0-03-0336. Dkt. 1. The petition is identical to the petition Mr. Hackney recently filed in Hackney v. State of Indiana, no. 2:20-cv-00424-JPH-MJD. "[A] district court may dismiss a complaint if it duplicates another federal case, such as when the 'claims, parties, and available relief do not significantly differ between the two actions.'" Northern v. Stroger, 676 F. App'x 607, 608 (7th Cir. 2017) (quoting McReynolds v. Merrill Lynch & Co, Inc., 694 F.3d 873, 888–89 (7th Cir. 2012)). This action is dismissed without prejudice as duplicative of the 00424 case. The clerk is directed to docket a copy of Mr. Hackney's motion for leave to proceed in forma pauperis, dkt. [2], in no. 2:20-cv-00424-JPH-MJD. All motions pending in this action are denied as moot. The clerk is directed to issue final judgment consistent with this Order. SO ORDERED. Date: 9/25/2020 1 Dockets.Justia.com Distribution: JOSHUA HACKNEY 133473 PUTNAMVILLE - CF PUTNAMVILLE CORRECTIONAL FACILITY Inmate Mail/Parcels 1946 West U.S. Hwy 40 Greencastle, IN 46135 2

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