Brown v. Plansky
Brown v. Plansky
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.
Plaintiff-appellant Isaiah Brown, pro se, appeals from the district court’s sua sponte dismissal, pursuant to 28 U.S.C. § 1915A, of Brown’s 42 U.S.C. § 1983 complaint against two assistant district attorneys, his own defense attorney, several police officers, two alleged victims of his offenses, one of the alleged victim’s attorneys, and the City of New York.
In his complaint, Brown claimed that defendants-appellees conspired to violate his constitutional rights by causing his arrest, detention, prosecution, and conviction. The district court screened the complaint pursuant to § 1915A, and sua sponte dismissed it, finding it duplicative of another pending action in which Brown alleged similar conspiracy claims against the same or related parties.
We review district court dismissals based on the rule against duplicative litigation for abuse of discretion, see Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000), and we review § 1915A dismissals de novo, see Marvin v. Goord, 255 F.3d 40, 42 (2d Cir. 2001); Liner v. Goord, 196 F.3d 132, 134 (2d Cir. 1999).
Accordingly, the judgment of the district court dismissing the action is hereby AFFIRMED.
Reference
- Full Case Name
- Isaiah BROWN v. Richard PLANSKY, A.D.A., Eddie Lebron, Thomas Rotko, A.D.A., Patrick Kennedy, Joseph Guiney, Police Officer, John Doe, Police Officer, Jane Doe, Police Officer, Kelly Keegan, Zebedee Pouncey, Howard Meyer, Robert Sylvan, The City of New York, its agents, servants, representatives, and employees, others whose names are unknown at this time
- Cited By
- 5 cases
- Status
- Published