Delo v. Fordham University

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BENJAMIN J. DELO, Plaintiff, 1:24-CV-6236 (LTS) -against- ORDER OF DISMISSAL FORDHAM UNIVERSITY, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Benjamin J. Delo, who is appearing pro se, brings this action under the court’s federal question jurisdiction. For the following reason, the Court dismisses this action without prejudice. Plaintiff has previously submitted to this court a virtually identical complaint against the same defendant. The civil action that was commenced by the filing of that complaint is presently pending before the Court. See Delo v. Fordham Univ., No. 1:24-CV-6025 (LTS) (S.D.N.Y.). As this action raises the same claims as in Delo, No. 1:24-CV-6025 (LTS), no useful purpose would be served by litigating this duplicative action. The Court therefore dismisses this duplicative action without prejudice to Plaintiff’s pending action, Delo, No. 1:24-CV-6025 (LTS). CONCLUSION The Court dismisses this action without prejudice as duplicative of Delo v. Fordham Univ., No. 1:24-CV-6025 (LTS) (S.D.N.Y.). 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 Court directs the Clerk of Court to enter a judgment dismissing this action without prejudice for the reason set forth in this order. SO ORDERED. Dated: August 20, 2024 New York, New York

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