Vasquez-Diaz v. John Doe Block

District Court, S.D. New York

Vasquez-Diaz v. John Doe Block

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUIS VAZQUEZ-DIAZ, Plaintiff, 21-CV-4583 (LTS) -against- ORDER OF DISMISSAL JOHN DOE, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, currently detained in a Residential Reentry Center in the Bronx, New York, filed this complaint pro se. For the following reasons, the complaint is dismissed. Plaintiff previously submitted to this Court a substantially similar complaint against the same Defendants. That case is pending under docket number 21-CV-3447. 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 21-CV-3447. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: May 21,2021 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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