Tyrek DuBose v. C.O. Nedd Shield #20705; CO John Doe#1, Shield # Unknown; CO...

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TYREK DuBOSE, Plaintiff, -against- C.O. NEDD SHIELD #20705; CO JOHN 25-CV-9650 (LTS) DOE#1, SHIELD # UNKNOWN; CO MAYO ORDER OF DISMISSAL SHIELD # UNKNOWN; NURSE JOHN DOE SHIELD # UNKNOWN; DEFENDANTCO JOHN DOE#2; SHIELD # UNKNOWN, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at the George R. Vierno Center on Rikers Island, brings this pro se action under 42 U.S.C. § 1983. For the following reasons, the complaint is dismissed without prejudice Plaintiff has previously submitted to this court a substantially similar, if not identical, complaint against the same Defendants. That matter is pending under docket number 25-CV- 9072 (LTS). 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-9072.

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 without prejudice as duplicative of 25-CV- 9072.

The Court directs the Clerk of Court not to charge Plaintiff the $350.00 filing fee for this action.

The Court certifies under 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).

SO ORDERED.

Dated: December 1, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge