UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CYRIL SHEPPARD, Plaintiff, 21-CV-2385 (CM) -against- CYNTHIA BRANN; PATSY YANG; ORDER OF DISMISSAL MARGARET EGAN, Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff, currently incarcerated in the Vernon C. Bain Center , brings this pro se action under

, alleging that the defendants are failing to protect him and other detainees from contracting COVID-19.1 Plaintiff has previously submitted to this court a substantially similar complaint against the defendants regarding the same events and conditions at VCBC. That case is pending before Judge Cronan of this court under docket number 20-CV- 9405 (JPC). In that case, Judge Cronan ordered Plaintiff to file an amended complaint. (ECF 1:20-CV-9405, 15.) Because the present complaint raises the same claims, no useful purpose would be served by litigation of this duplicate lawsuit. Moreover, it is likely that Plaintiff intended to submit this pleading as an amended complaint in the matter before Judge Cronan. Accordingly, the Court directs the Clerk of Court to: (1) file the complaint in this case (ECF 1) as an amended complaint in the action under docket number 20-CV-9405 (JPC); (2) administratively close this case (21-CV-2385 (CM)); and (3) mail a copy of this order to Plaintiff and note service on the docket.

1 Plaintiff did not submit an application for leave to proceed in forma pauperis or a prisoner authorization. The Court certifies under

(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,

(1962). SO ORDERED. Dated: March 23, 2021 New York, New York hie. Ib hick Chief United States District Judge