Opinion
23-CV-11323 (LTS)
01-11-2024
LAVERNE A. MCBRYDE-O'NEAL, Plaintiff, v. DETECTIVE POLICHETTI, Defendant.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendant Detective Polichetti violated his rights. Plaintiff previously submitted to this court a substantially similar complaint against Defendant Polichetti alleging the exact same set of facts. That case is presently pending before the Honorable John P. Cronan of this court, and referred to Magistrate Judge Robyn F. Tarnofsky, under docket number ECF 1:23-CV-10113, 1. As this new complaint raises the same claims as the pending action, no useful purpose would be served by litigating this duplicate lawsuit. Accordingly, the Court dismisses this complaint without prejudice to Plaintiff's pending action under docket number 23-CV-10113.
CONCLUSION
Plaintiff's complaint is dismissed as duplicative of McBryde-O'Neal v. Polichetti, No. 23-CV-10113 (JPC) (RFT).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to enter judgment in this action.
SO ORDERED.