Gakuba v. James

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PETER GAKUBA, Plaintiff, 24-CV-6969 (LTS) -against- LETITIA JAMES; MERRICK GARLAND; ORDER OF DISMISSAL KWAME RAOUL, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action alleging that Defendants violated his rights. The Court dismisses the action for the following reasons. Plaintiff has previously submitted to this court a virtually identical complaint against the same defendants. That case is presently pending before the Court under docket number 24-CV- 6661 (LTS). As this complaint raises the same claims and contains identical factual allegations, no useful purpose would be served by litigating this duplicative action. The Court therefore dismisses this action without prejudice to Plaintiff’s pending case under docket number 24-CV- 6661 (LTS). CONCLUSION The Court dismisses this action without prejudice as duplicative of Gakuba v. James, No. 24-CV-6661 (LTS) (S.D.N.Y.). The Clerk of Court is directed to terminate all pending matters. 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 judgment in this action. SO ORDERED. Dated: September 24, 2024 New York, New York

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