Grabowski v. Miller

District Court, S.D. New York

Grabowski v. Miller

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STEPHANIE GRABOWSKI, Petitioner, 24-CV-8907 (LTS) -against- ORDER OF DISMISSAL WARDEN MILLER, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently incarcerated at the Rose M. Singer Center on Rikers Island, brings this petition for a writ of habeas corpus under

28 U.S.C. § 2254

pro se. For the following reasons, the Court dismisses the petition without prejudice. Petitioner has previously submitted to this court a substantially similar petition, which is pending under docket number 24-CV-8888 (LTS). Because this new petition is substantially similar, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this petition is dismissed without prejudice to Petitioner’s pending case under docket number 24-CV-8888 (LTS). CONCLUSOIN The Court dismisses this petition for a writ of habeas corpus under

28 U.S.C. § 2254

without prejudice, as duplicative of the pending petition under docket number 24-CV-8888 (LTS). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See

28 U.S.C. § 2253

. 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). SO ORDERED. Dated: November 25, 2024 New York, New York

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

Reference

Status
Unknown