Johnson v. Regional Supplemental Services Inc.

District Court, S.D. New York

Johnson v. Regional Supplemental Services Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIAM DOUGLAS JOHNSON III, Plaintiff, 1:24-CV-5978 (LTS) -against- REGIONAL SUPPLEMENTAL SERVICES ORDER OF DISMISSAL INC., et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff William Douglas Johnson III, who is appearing pro se, brings this action under the court’s diversity jurisdiction. For the following reason, the Court dismisses this action without prejudice. Plaintiff has previously submitted to this court a virtually identical complaint against the same defendants. The civil action that was commenced by the filing of that complaint is presently pending before the Court. See Johnson v. Reg’l Supplemental Servs. Inc., No. 1:24-CV- 5534 (LTS) (S.D.N.Y.). As this action raises the same claims as in Johnson, No. 1:24-CV-5534 (LTS), no useful purpose would be served by litigating this duplicative action. The Court therefore dismisses this duplicative action without prejudice to Plaintiff’s pending action, Johnson, No. 1:24-CV-5534 (LTS). CONCLUSION The Court dismisses this action without prejudice as duplicative of Johnson v. Reg’l Supplemental Servs. Inc., No. 1:24-CV-5534 (LTS) (S.D.N.Y.). 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 Court directs the Clerk of Court to enter a judgment dismissing this action without prejudice for the reason set forth in this order. SO ORDERED. Dated: August 14, 2024 New York, New York

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

Reference

Status
Unknown