Delgado v. The People of the State of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOLEEN DELGADO, Plaintiff, 24-CV-9165 (LTS) -against- THE PEOPLE OF THE STATE OF NEW ORDER OF DISMISSAL YORK; KEVIN RUSSO, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff is appearing pro se. By order dated December 2, 2024, the Court directed Plaintiff to pay the filing fees or submit an application to proceed in forma pauperis. (ECF 5.) It appears, however, that Plaintiff had already paid the filing fees and an identical action had been opened as Delgado v. People of the State of New York, No. 7:24-CV-9007 (JGLC). This duplicate action appears to have been opened in error. The complaint is therefore dismissed without prejudice to Plaintiff’s pending case under docket number 7:24-CV-9007 (JGLC). CONCLUSION This action is dismissed without prejudice as duplicative of the action pending under docket number 7:24-CV-9007 (JGLC). 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 (1962). The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. Dated: December 11, 2024 New York, New York

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