Flowers v. United States

Background

Joe N. Flowers Jr. appeared without a lawyer and was incarcerated at the Federal Correctional Institution in Otisville, New York. He filed a petition under 28 U.S.C. § 2241, a federal procedure used to challenge certain aspects of a person’s detention.

Flowers had previously submitted another § 2241 petition on September 18, 2019. That earlier proceeding was decided on the merits by Judge Lorna G. Schofield on September 21, 2020. While that earlier proceeding was still pending, Flowers submitted the present petition to prison officials for mailing to the federal court in the Western District of New York. That court transferred the petition to the Southern District of New York on November 2, 2020.

Court’s analysis

The court determined that the present petition raised the same claims that had already been raised and adjudicated in the earlier proceeding. It stated that no useful purpose would be served by litigating the duplicative petition. Relying on the court’s authority to manage its docket, including staying or dismissing a suit that duplicates another federal suit, the court denied the petition without prejudice as duplicative.

Ruling and appeal provisions

Chief United States District Judge Colleen McMahon denied the petition without prejudice. The court also ruled that a certificate of appealability would not issue because the petition did not make a substantial showing that a constitutional right had been denied. In addition, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied permission to proceed on appeal without paying filing fees. The Clerk was directed to mail Flowers a copy of the order and record service on the docket.