JAKAWICH v. SECRETARY, DEPARTMENT OF CORRECTIONS, 6:11-cv-1987-Orl-19DAB. (2012)
Court: District Court, M.D. Florida
Number: infdco20120113924
Visitors: 7
Filed: Jan. 12, 2012
Latest Update: Jan. 12, 2012
Summary: ORDER PATRICIA FAWSETT, District Judge. This case is before the Court on Petitioner's Motion to Consolidate (Doc. No. 9, filed December 23, 2011). Petitioner's counsel asserts that the instant petition, which was filed pro se, alleges duplicate grounds to those raised in case number 6:11-cv-1922-18KRS, which was filed by counsel. Petitioner's counsel requests that this case "remain in a terminated state." Since the instant petition merely repeats claims that are pending in case number 6:11-
Summary: ORDER PATRICIA FAWSETT, District Judge. This case is before the Court on Petitioner's Motion to Consolidate (Doc. No. 9, filed December 23, 2011). Petitioner's counsel asserts that the instant petition, which was filed pro se, alleges duplicate grounds to those raised in case number 6:11-cv-1922-18KRS, which was filed by counsel. Petitioner's counsel requests that this case "remain in a terminated state." Since the instant petition merely repeats claims that are pending in case number 6:11-c..
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ORDER
PATRICIA FAWSETT, District Judge.
This case is before the Court on Petitioner's Motion to Consolidate (Doc. No. 9, filed December 23, 2011). Petitioner's counsel asserts that the instant petition, which was filed pro se, alleges duplicate grounds to those raised in case number 6:11-cv-1922-18KRS, which was filed by counsel. Petitioner's counsel requests that this case "remain in a terminated state." Since the instant petition merely repeats claims that are pending in case number 6:11-cv-1922-18KRS, it will be dismissed without prejudice to the right of Petitioner to pursue his claims and to amend his petition (if necessary) in that case.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Petitioner's Motion to Consolidate (Doc. No. 9, filed December 23, 2011) is DENIED AS MOOT, and this case is DISMISSED without prejudice to the pursuit of Petitioner's claims in case number 6:11-cv-1922-18KRS.
2. The Clerk of the Court is directed to close this case.
DONE AND ORDERED.
Source: Leagle
