Elmore v. Universal Services of America, LP

District Court, S.D. New York

Elmore v. Universal Services of America, LP

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CECIL ELMORE, JR., Plaintiff, -against- UNIVERSAL SERVICES OF AMERICA, 24-CV-5883 (LTS) LP; GWIS, LLC; JOEL TANNER; KYLE JOHNSTON; ADAM DOENCH; JUSTIN ORDER OF DISMISSAL OSTENSEN AND ASSOCIATES LLC; KAREN ARMSTRONG; CHRISTI STEWART, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action alleging racial discrimination, in violation of

42 U.S.C. § 1981

and 42 U.S.C. § 2000e. The Court dismisses the complaint for the following reasons. Plaintiff has previously submitted to this court a duplicate complaint against the same Defendants alleging the same set of facts. See Elmore v. Universal Servs. of America, LP, No. 24-CV-5808 (S.D.N.Y.). 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 24-CV-5808. CONCLUSION Plaintiff’s complaint is dismissed as duplicative of Elmore v. Universal Servs. of America, LP, No. 24-CV-5808 (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 Clerk of Court is directed to enter judgment in this action. SO ORDERED. Dated: August 14, 2024 New York, New York

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

Reference

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