Finnegan v. Columbia Doctors

• Court: District Court, S.D. New York
• Decided: August 18, 2021
• Docket: 1:21-cv-06519
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SEAN MATTHEW FINNEGAN, Plaintiff, 21-CV-6519 (LTS) -against- COLUMBIA DOCTORS; ORDER OF DISMISSAL ELIZABETH LEE, MD, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action alleging that Defendants neglected him. The Court dismisses the complaint for the following reasons. Plaintiff has previously submitted to this Court an identical complaint raising the same claim against these Defendants. That case is presently pending before this Court under docket number ECF 1:21-CV-6515, 2. As this complaint raises the same claims, no useful purpose would be served by litigating this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff’s pending case under docket number ECF 1:21-CV-6515, 2. Plaintiff’s complaint is dismissed as duplicative. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: August 18, 2021 New York, New York

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