Evans v. Orange County Jail Dental Dept.
Evans v. Orange County Jail Dental Dept.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMES EARL EVANS, Plaintiff, 1:22-CV-9768 (LTS) -against- ORANGE COUNTY DENTIAL DEPT.; ORDER OF DISMISSAL JON DOE (DENTAL DOCTOR), Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 11, 2023, the Court directed Plaintiff, who appears pro se, to show cause by declaration, within 30 days of the date of that order, why the Court should not dismiss the present action without prejudice as duplicative of Plaintiff’s other pending pro se action in this court, Evans v. Juste, 7:22-CV-9767 (CS). On January 30, 2023, the Court received Plaintiff’s declaration (ECF 6), which does not suggest any reason why the present action is not duplicative of Evans, 7:22-CV-9767 (CS); the declaration references the events alleged in Evans, 7:22-CV-9767 (CS). The Court therefore dismisses the present action without prejudice as duplicative of Evans, 7:22-CV-9767 (CS). CONCLUSOIN The Court dismisses the present action without prejudice as duplicative of Evans v. Juste, 7:22-CV-9767 (CS). 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: February 27, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
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