LORUSSO
v.
SECRETARY, DEPARTMENT OF CORRECTIONS (ALACHUA)
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The court held that a habeas petition must be dismissed without prejudice if it is duplicative of another pending action.
The petitioner, Michael LoRusso, a prolific litigant, filed a habeas corpus petition. LoRusso has multiple similar habeas actions pending in different…
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Petitioner Michael LoRusso is a serial litigant who has filed multitudinous actions throughout the Middle and Northern Districts of Florida. He has initiated yet another purported habeas corpus petition now pending before the Court.
Under the Rules Governing § 2254 Cases [fn 1], the Court must promptly examine a habeas petition, and “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." Rules Governing Habeas Cases, Rule 4. Federal district courts have a duty "to screen out frivolous applications and eliminate the burden that would be placed on the respondent by ordering an unnecessary answer.” Paez v. Sec'y, Fla. Dep't of Corr., 947 F. 3d 649, 654 (11th Cir. 2020) (quoting Rules Governing § 2254 Cases, R. 4 advisory committee notes).
LoRusso currently has multiple habeas actions pending in different courts [fn 2]. At least one pending action is against the Florida Department of Corrections. See LoRusso, No. 8:22-cv-2258-MSS-TGW. LoRusso cannot proceed with the same action simultaneously in different cases. The instant petition is therefore duplicative and must be dismissed without prejudice. See I.A. Durbin, Inc. v. Jefferson Nat'l Bank, 793 F. 2d 1541, 1551 (11th Cir. 1986) (explaining "the general rule is that a suit is duplicative of another suit if the parties, issues and available relief do not significantly differ between the two actions" and federal trial courts have broad discretion to dismiss duplicative litigation to avoid wasting judicial resources).
Accordingly, it is now
ORDERED:
1. The above-captioned action is DISMISSED without prejudice as duplicative.
2. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close these cases.
DONE AND ORDERED in Fort Myers, Florida on September 12, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
SA: OCAP-2 Copies: Petitioner
[fn 1]: These rules are applicable to habeas petitions filed under 28 U.S.C. § 2241. See Rules Governing § 2254 Cases, Rule 1(b).
[fn 2]: See, e.g., LoRusso v. Gualtieri, No. 5:24-cv-705-KKM-PRL (M.D. Fla.); LoRusso v. Sec'y, Fla. Dep't of Corr., No. 8:22-cv-2258-MSS-TGW (M.D. Fla.); Lorusso v. Bautlett, No. 1:25-cv-147 (N.D. Fla.); LoRusso v. Secʼy, Fla. Dep't of Children & Families, No. 1:25-cv-108 (N.D. Fla.); LoRusso v. Secʼy, Fla. Dep't of Children & Families, No. 1:25-cv-105 (N.D. Fla.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Darrian Bryant v. Ford, 967 F.3d 1272 (11th Cir. 2020)
- I.A. Durbin, Inc. v. Jefferson Nat'l Bank, 793 F.2d 1541 (11th Cir. 1986)
- Paez v. Sec'y, Fla. Dep't of Corr., 947 F.3d 649 (11th Cir. 2020)