Jusino

(HC) Morgan v. Jusino

Good Law
United States District Court, Eastern District of CaliforniaApril 1, 20202:20-cv-00605California733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMMY MORGAN, No. 2:20-cv-00605 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

T. TUSINO, Warden, Respondent. 16 Petitioner is a federal prisoner proceeding in pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has not filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Nevertheless, the undersigned will recommend dismissal of the pending petition as duplicative. “It is well established that a district court has broad discretion to control its own docket, and that includes the power to dismiss duplicative claims.” M.M. v. Lafayette Sch. Dist., 681 F.3d 1082, 1091 (9th Cir. 2012) (citing Adams v. California Dep't of Health Servs., 487 F.3d 684, 688- 89 (9th Cir. 2007). “After weighing the equities of the case, the district court may exercise its discretion to dismiss a duplicative later-filed…

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