John Doe v. The Federal Republic of Germany

District Court, S.D. New York

John Doe v. The Federal Republic of Germany

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHN DOE, Plaintiff, -against- 23-CV-7497 (LTS) THE FEDERAL REPUBLIC OF GERMANY; THE BUDESKRIMINALAMT ORDER OF DISMISSAL OF THE FEDERAL REPUBLIC OF GERMANY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action alleging that Defendants have violated his rights. The Court dismisses the complaint for the following reasons. Plaintiff has previously submitted to this court an identical complaint against the same Defendants.1 That case is presently pending before the Honorable Vernon S. Broderick of this court under docket number 23-CV-6395 (VSB). 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 23-CV-6395 (VSB). Plaintiff should make any future filings pertaining to these claims in the case pending under docket number 23-CV-6395 (VSB). CONCLUSION Plaintiff’s complaint is dismissed as duplicative of 23-CV-6395 (VSB). Plaintiff should make any future filings pertaining to these claims in the case pending under docket number 23-CV-6395 (VSB).

1 Plaintiff filed both complaints under the name “John Doe” and has filed, in both cases, an identical motion to proceed under a pseudonym, 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 enter judgment in this action.

SO ORDERED. Dated: August 24, 2023 New York, New York

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

Reference

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