UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMIAH F. HERBERT, Plaintiff, 25-CV-4783 (LTS) -against- ORDER OF DISMISSAL B. JONES, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Five Points Correctional Facility, brings this pro se action under

, alleging that Defendants violated his constitutional rights during his 2024 incarceration at Green Haven Correctional Facility. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted the identical complaint, which is pending before the Honorable Philip M. Halpern of this Court under docket number 25-CV-4578. Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff’s pending case under docket number 25-CV-4578. In light of the Court’s belief that Plaintiff may have submitted this duplicate complaint in error, the Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff’s prison trust account for this lawsuit. CONCLUSION The Court dismisses Plaintiff’s complaint as duplicative of No. 25-CV-4578. The Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action. The Court certifies under

(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,

(1962). SO ORDERED.

Dated: July 1, 2025 New York, New York

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