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- nysd;;1:17-cv-06906_de7 RegisterActionDate "2017-10-24" @default.
- nysd;;1:17-cv-06906_de7 RegisterActionDescriptionText "ORDER OF DISMISSAL: Plaintiff, currently incarcerated at Orange County Jail, brings this pro se action under 42 U.S.C. § 1983, alleging that correction officers failed to protect him for another prisoner's assault. The Court grants Plaintiff's request to proceed in forma pauperis for the limited purposes of this order. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted to this Court a substantially similar complaint against Defendants alleging the same facts. That case is pending before the Honorable Kenneth M. Karas of this Court under docket number 17-CV-6869 (KMK). 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 Plaintiffs pending case under docket number 17-CV-6869 (KMK). In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, the Clerk of Court shall not 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. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff is granted in forma pauperis status under 28 U.S.C. § 1915(a)(1) for the limited purpose of dismissing this complaint without prejudice. Plaintiff's complaint is dismissed as duplicative. 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). (Signed by Judge Colleen McMahon on 10/24/2017) (sac) (Entered: 10/25/2017)" @default.
- nysd;;1:17-cv-06906_de7 AdministrativeID "7" @default.
- nysd;;1:17-cv-06906_de7 hasJudgeReference SJ000762 @default.
- nysd;;1:17-cv-06906_de7 hasJudgeReference SJ000808 @default.