UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHARLES MAXWELL, Plaintiff, 25-CV-6767 (LTS) -against- ORDER OF DISMISSAL DAVID CARR, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently detained at the Robert N. Davoren Center, brings this pro se action under

. He asserts claims that arose on April 4, 2025, at the Otis Bantum Correctional Center (OBCC). This action was originally filed in the United States District Court for the Eastern District of New York, which transferred it here. For the following reasons, the amended complaint is dismissed. Plaintiff has previously submitted to this court a substantially similar amended complaint against the same defendants arising from the same events. That case is pending before the Honorable Ronnie Abrams of this Court under docket number 25-CV-4016 (RA) (S.D.N.Y.). Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this amended complaint is dismissed without prejudice to Plaintiff’s pending case under docket number 25-CV-4016 (RA). CONCLUSION The Court dismisses this action without prejudice, as duplicative of Plaintiff’s pending action under docket number 25-CV-4016 (RA). The Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis 2 status is denied for the purpose of an appeal. See Coppedge v. United States,

, 444- 45 (1962). SO ORDERED. Dated: August 18, 2025 New York, New York

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