Sashinger v. Logan

• Court: District Court, D. Nevada
• Decided: May 29, 2024
• Docket: 2:24-cv-00926
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 CRYSTAL SASHINGER, Case No.: 2:24-cv-00926-APG-EJY

4 Plaintiff Order Dismissing Action Without Prejudice 5 v.

6 LOGAN, et al.,

7 Defendants

8 I. DISCUSSION 9 Plaintiff Crystal Sashinger has filed a motion to consolidate this case with 2:24-cv- 10 00886-GMN-NJK. ECF No. 6. Sashinger asserts that she filed duplicative cases because she did 11 not know that she was supposed to use e-filing instead of mailing her case to the court. Id. To 12 avoid future confusion, she seeks to consolidate these identical cases. Id. 13 After receiving the instant case in the mail, the Clerk’s Office docketed this case on May 14 16, 2024. ECF No. 1-1. After receiving Sashinger’s other case, 2:24-cv-00886-GMN-NJK, 15 through e-filing, the Clerk’s Office docketed that case on May 13, 2024. See Sashinger v. Logan, 16 2:24-cv-00886-GMN-NJK at ECF No. 1-1. 17 “Plaintiffs generally have no right to maintain two separate actions involving the same 18 subject matter at the same time in the same court and against the same defendant.” Adams v. Cal. 19 Dep’t of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007), overruled on other grounds by Taylor 20 v. Sturgell, 553 U.S. 880 (2008) (internal quotation marks omitted). Courts have “discretion to 21 dismiss a duplicative later-filed action, to stay that action pending resolution of the previously 22 filed action, to enjoin the parties from proceeding with it, or to consolidate both actions.” Id. 23 (internal quotation marks omitted). “[I]n assessing whether the second action is duplicative of 1}| the first, we examine whether the causes of action and relief sought, as well as the parties or 2|| privies to the action, are the same.” Jd. at 689. 3 Here, Sashinger acknowledges that she mistakenly filed duplicative lawsuits because she All both mailed and e-filed her lawsuits.! Because Sashinger cannot maintain both identical lawsuits 5} in this court, I will dismiss this action, the latter-filed action, without prejudice. Sashinger is 6|| directed to pursue her claims in her earlier-filed lawsuit, 2:24-cv-00886-GMN-NJK. 7) IL. CONCLUSION 8 I THEREFORE ORDER that this action is dismissed without prejudice because 9}| Sashinger mistakenly filed a duplicative action in this court. Sashinger is directed to pursue her claims in her earlier-filed case, 2:24-cv-00886-GMN-NJK. 11 I ORDER that the Clerk of the Court close this case. 12 13 DATED this 29th day of May, 2024. 14 i = — ANDREW P. GORDON 16 UNITED STATES DISTRICT JUDGE

17 18 19 20 21 22 23 1 Because Sashinger mistakenly filed duplicative lawsuits and promptly notified the court, this dismissal does not constitute a strike under 28 U.S.C. § 1915(g).