Sehra Waheed v. Social Security Administration; Frank Bisignano-Commissioner of...
Sehra Waheed v. Social Security Administration; Frank Bisignano-Commissioner of...
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SEHRA WAHEED, Plaintiff, -against- 25-CV-7988 (LTS) SOCIAL SECURITY ADMINISTRATION; FRANK BISIGNANO-COMMISSIONER ORDER OF DISMISSAL OF THE SOCIAL SECURITY ADMINISTRATION, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action under
42 U.S.C. § 405(g), in connection with an application for social security disability benefits. The Court dismisses the complaint for the following reasons. “Plaintiffs generally have no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant.” Adams v. Calif. Dep’t of Health Servs.,
487 F.3d 684, 688 (9th Cir. 2007), overruled on other grounds by Taylor v. Sturgell,
553 U.S. 880, 904(2008) (internal quotation marks omitted). District courts thus have discretion to dismiss a later-filed action that is duplicative of proceedings already before it. Id.; see also Humphrey v. Ct. Clerk ex rel. U.S. Sup. Ct., No. 5:11-CV-0938,
2012 WL 264603, at *3 (N.D.N.Y. Jan. 30, 2012) (holding that “dismissal of an action as duplicative has been found to fall within the ambit of the Court’s power to dismiss a complaint . . . pursuant to
28 U.S.C. § 1915(e)”). Plaintiff has previously submitted to this court the identical complaint, and it is presently pending before Judge Andrew L. Carter, Jr. of this court under docket number ECF 25-CV-7751 (ALC). 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 25-CV-7751.1 CONCLUSION Plaintiff’s complaint is dismissed as duplicative of No. 25-CV-7751 (ALC). 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 dismissing this case without prejudice. SO ORDERED. Dated: September 26, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
1 Plaintiff did not file an IFP application or pay the fees to bring this action. Because the Court is dismissing this action without prejudice, it did not direct Plaintiff to cure this deficiency.
Reference
- Full Case Name
- Sehra Waheed v. Social Security Administration; Frank Bisignano-Commissioner of the Social Security Administration
- Status
- Unknown