Ann v. Wiviott

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

VIVIAN HILL ANN,

Plaintiff, -against-

21-CV-9271 (LTS)

SUSAN WIVIOTT; BRIDGE, INC.; THE

BRIDGE, INC.; QUEENS KENDRA ORDER OF DISMISSAL

SHERIFFS; NYC MENTAL HEALTH AND

HYGIENE,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, appearing pro se, brings this action, under the Court’s federal question jurisdiction, alleging that Defendants violated her federally protected rights. Plaintiff also submitted an unsigned order to show cause. The Court dismisses the complaint for the following reasons.

Plaintiff has previously submitted to this Court a substantially similar complaint and unsigned order to show cause naming the same Defendants and arising out of the same events. That complaint is pending in this Court under docket number ECF 1:21-CV-9210, 2. As this complaint raises the same claims, no useful purpose would be served by litigating this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff’s pending case under docket number 21-CV-9210.

Plaintiff’s complaint is dismissed as duplicative. All pending motions are terminated. The Court certifies, pursuant to 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 mail a copy of this order to Plaintiff and note service on the docket.

SO ORDERED.

Dated: November 12, 2021

New York, New York /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge