Allah v. Pacheco

District Court, S.D. New York

Allah v. Pacheco

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MASTER BAYE BALAH ALLAH, Plaintiff, 1:24-CV-1195 (LTS) -against- OFFICER PACHEO; OFFICER BLIECH; ORDER OF DISMISSAL LT. HARRIS #144, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On February 12, 2024, Plaintiff, who is appearing pro se, filed the complaint commencing the present action. On the same date, but before he filed the present action, Plaintiff filed a complaint that is identical to the complaint commencing the present action; that other complaint commenced another pro se action in this court known as Allah v. Officer Pacheo, 1:24-CV-1138 (LTS) (“Allah I”).1 Allah I, which has been transferred to the United States District Court for the Eastern District of New York, remains pending. As the present action raises the same claims as Allah I, no useful purpose would be served by litigating the present action. The Court therefore dismisses the present action without prejudice to Allah I. CONCLUSION The Court dismisses the present action without prejudice to Allah I. 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).

1 In an order dated February 21, 2024, and entered the next day, the Court transferred Allah I to the United States District Court for the Eastern District of New York. (ECF 1:24-CV- 1138, 3.) The Court directs the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order. SO ORDERED. Dated: February 28, 2024 New York, New York

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

Reference

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