UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UMAR ALLI, Plaintiff, -against- 23-CV-5284 (LTS) ESU CAPTAIN LUE, SHIELD #880; ESU NEVESU; ESU OFFICER JOHN DOE OF ORDER OF DISMISSAL AUGUST 22 USE OF FORCE; DOCTOR JOHN DOE OF AUGUST 22 USE OF FORCE; CITY OF NEW YORK, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Attica Correctional Facility, brings this action pro se. On June 20, 2023, the court received a single copy of the complaint, but it was docketed twice and opened as two new civil actions under docket numbers 23-CV-5263 (LTS) and 23-CV- 5284 (LTS). The Court has reviewed the submissions in both actions and concludes that because they are identical, this action (No. 23-CV-5284 (LTS)) was opened in error. The Court therefore dismisses this action without prejudice to Plaintiff’s claims pending under docket number 23- CV-5263 (LTS). All future filings should be made in the case pending under docket number 23- CV-5263 (LTS). Because this action was opened in error, the Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff’s prison trust account for this lawsuit. CONCLUSOIN The Court dismisses this action as duplicative without prejudice to Plaintiff’s claims pending under docket number 23-CV-5263 (LTS). The Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action. 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). The Court further directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: June 23, 2023 New York, New York

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