Opinion
22-CV-5817 (LTS)
09-02-2022
BRIAN SHABAZZ PALMER, Plaintiff, v. NEW YORK CITY; DEPARTMENT OF CORR. NYC, Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently detained at the Anna M. Kross Center (“AMKC”) on Rikers Island, brings this pro se action under 42 U.S.C. § 1983, alleging that correctional staff violated his rights at the AMKC. He names as defendants the City of New York and the New York City Department of Correction. For the following reasons, the Court dismisses this new action as duplicative of a prior action filed by Plaintiff.
Before initiating this action, Plaintiff filed an action against the same Defendants, alleging the same set of facts alleged in this action. That case is pending before the Court under docket number 22-CV-5333 (LTS). On August 1, 2022, the Court granted Plaintiff leave to file an amended complaint in the pending matter.
Because this new complaint raises the same claims raised in the pending matter, no useful purpose would be served by the litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 22-CV-5333.
In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, the Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff's prison trust account for this lawsuit.
CONCLUSOIN
The Court dismisses Plaintiff's complaint as duplicative of 22-CV-5333 (LTS).
The Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action.
The Court certifies under 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 issue judgment in this action.
SO ORDERED.