Opinion
Civil Action 23-22559 (MCA) (JRA)
05-15-2024
EVIN FERMAN, Plaintiff, v. BECKY SCOTT ETIAL, et al., Defendants.
MEMORANDUM & ORDER
Madeline Cox Arleo United States District Judge.
Plaintiff has filed a civil rights complaint and an application to proceed in forma pauperis (“IFP application”). (ECF Nos, 1, 1-1,) For the reasons explained below, the Court dismisses this action without prejudice as duplicative of Civ. Act. No. 24-1093.
On September 5, 2023, Plaintiff filed a civil action, Ferman v. Flores, Civ. No. 23-16067, regarding alleged inadequate medical care. The District Court dismissed that action without prejudice for failure to state a claim but provided Plaintiff with leave to amend. (Civ. Act. No. 2316067, 1, 3-4.) On October 23, 2023, prior to the filing of this action, Plaintiff submitted a new complaint regarding his conditions of confinement at Hudson County Correctional Center and a new IFP application, both of which were docketed in Civ. No. 23-16067. (Id. at 5.) The District Court severed that complaint into a new case, Ferman v. Scott, Civ. No. 24-1093, granted Plaintiffs IFP application, and proceeded the new complaint. (Id. at 6; see also Civ. Act. No. 241093 at ECF Nos. 1-4.)
This action was docketed on November 20, 2023. (ECF No. 1.) The Complaint in this action is identical to the complaint in Civ. Act. No. 24-1093, Therefore, at this time, the Court will dismiss this action without prejudice as duplicative of Civ. Act. No. 24-1093.
IT IS, therefore, on this 14 day of may 2024,
ORDERED that for the reasons stated in this Memorandum & Order, this action is dismissed WITHOUT PREJUDICE as duplicative of Civ. Act. No. 24-1093; and it is further
ORDERED that the Clerk of the Court shall serve Plaintiff with copies of this Memorandum & Order via regular mail and mark this case as CLOSED.