DeBlasio v. Williams
DeBlasio v. Williams
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PHILIP E. DeBLASIO, Plaintiff, 19-CV-7227 (CM) -against- ORDER OF DISMISSAL DOCTOR WILLIAMS, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff, currently incarcerated at Rikers Island, brings this pro se action under
42 U.S.C. § 1983, alleging that Defendants violated his rights on December 21, 2018. The Court grants Plaintiff’s request to proceed in forma pauperis (IFP) for the limited purposes of this order. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted to this Court a duplicate complaint against Defendants. That case is pending before the Court under docket number 19-CV-0201. Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff’s pending case under docket number 19-CV-0201. In light of the Court’s belief that Plaintiff may have submitted this duplicate complaint in error, the Clerk of Court shall not 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. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff is granted IFP status under
28 U.S.C. § 1915(a)(1) for the limited purpose of dismissing this complaint without prejudice. Plaintiff’s complaint is dismissed as duplicative. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: August 6, 2019 New York, New York hie. hb hich Chief United States District Judge
Reference
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