Buxbaum v. One Finance, Inc.

District Court, S.D. New York

Buxbaum v. One Finance, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL BUXBAUM, Plaintiff, 1:24-CV-10061 (LTS) -against- ORDER OF DISMISSAL ONE FINANCE, INC., Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Michael Buxbaum, who is appearing pro se, brings this action invoking the Court’s federal question jurisdiction and diversity jurisdiction. The Court dismisses this action without prejudice for the following reasons. Plaintiff previously filed a complaint commencing another civil action in this court; that complaint is virtually identical to the complaint commencing this action, and that other action is pending before the Court. See Buxbaum v. One Fin., Inc., 1:24-CV-9894 (LTS) (S.D.N.Y.). As this action raises the same claims as in Buxbaum, 1:24-CV-9894 (LTS), no useful purpose would be served by litigating this duplicative action. The Court therefore dismisses this action without prejudice as duplicative of Buxbaum, 1:24-CV-9894 (LTS). CONCLUSION The Court dismisses this action without prejudice as duplicative of Buxbaum v. One Fin., Inc., 1:24-CV-9894 (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 a enter a judgment dismissing this action for the reasons set forth in this order. SO ORDERED. Dated: January 8, 2025 New York, New York

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

Reference

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