UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEONARD BARBER, Plaintiff, 1:21-CV-4706 (LTS) -against- NEW YORK CITY DEPARTMENT OF ORDER OF DISMISSAL CORRECTIONS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, currently held in the Anna M. Kross Center on Rikers Island, brings this pro se action. For the following reasons, the Court dismisses this action. Plaintiff has previously submitted to this court a nearly identical complaint. That action is pending under docket number 1:21-CV-4293 (LTS). Because this action raises the same claims, no useful purpose would be served by litigating this duplicative action. Therefore, the Court dismisses this action without prejudice to Plaintiff’s pending action under docket number 1:21- CV-4293 (LTS). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court dismisses this action without prejudice as duplicative. The Court certifies under

(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,

(1962). SO ORDERED. Dated: May 27, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge