Milchamot v. Warden of O.B.C.C.

S.D. New York

Milchamot v. Warden of O.B.C.C.

District Court, S.D. New York·Decided April 30, 2025·No. 1:25-cv-03528·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YEHUDAH MILCHAMOT, Petitioner 25-CV-3528 (LTS) -against- ORDER OF DISMISSAL WARDEN OF O.B.C.C., Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently incarcerated at the Otis Bantum Correctional Center on Rikers Island and proceeding pro se action, bring this petition for a writ of habeas corpus. Petitioner recently brought a petition for a writ of habeas corpus, which was dismissed without prejudice for his failure to exhaust his state court remedies. See Michamot v. Chief Bronx District Attorney, No. 25-CV-1157 (JPC) (S.D.N.Y. Mar. 31, 2025). Petitioner then submitted this petition for a writ of habeas corpus, which he labeled with the docket number 25-CV-1157 (JPC).1 On April 28, 2025, District Judge Cronan directed the Clerk of Court to treat this petition as a new action, and this matter was opened. Petitioner, however, had already brought another identical petition, which had been opened under docket number 25-CV-2979 (LTS), and was already pending. Because this petition for a writ of habeas corpus is identical to the pending petition in 25- CV-2979 (LTS), and no useful purpose would be served by the filing and litigation of this duplicate lawsuit, this petition for a writ of habeas corpus is dismissed without prejudice to Plaintiff’s pending case under docket number 25-CV-2979 (LTS). All further documents in

1 Petitioner did not pay the filing fee or submit an application to proceed in forma pauperis with this petition. support of the habeas corpus petition shall be filed in the case under docket number 25-CV-2979 (LTS). CONCLUSOIN The Court dismisses this petition for a writ of habeas corpus as duplicative of Petitioner’s pending action under docket number 25-CV-2979 (LTS).

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). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. Dated: April 30, 2025 New York, New York

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

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YEHUDAH MILCHAMOT, Petitioner 25-CV-3528 (LTS) -against- ORDER OF DISMISSAL WARDEN OF O.B.C.C., Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently incarcerated at the Otis Bantum Correctional Center on Rikers Island and proceeding pro se action, bring this petition for a writ of habeas corpus. Petitioner recently brought a petition for a writ of habeas corpus, which was dismissed without prejudice for his failure to exhaust his state court remedies. See Michamot v. Chief Bronx District Attorney, No. 25-CV-1157 (JPC) (S.D.N.Y. Mar. 31, 2025). Petitioner then submitted this petition for a writ of habeas corpus, which he labeled with the docket number 25-CV-1157 (JPC).1 On April 28, 2025, District Judge Cronan directed the Clerk of Court to treat this petition as a new action, and this matter was opened. Petitioner, however, had already brought another identical petition, which had been opened under docket number 25-CV-2979 (LTS), and was already pending. Because this petition for a writ of habeas corpus is identical to the pending petition in 25- CV-2979 (LTS), and no useful purpose would be served by the filing and litigation of this duplicate lawsuit, this petition for a writ of habeas corpus is dismissed without prejudice to Plaintiff’s pending case under docket number 25-CV-2979 (LTS). All further documents in

1 Petitioner did not pay the filing fee or submit an application to proceed in forma pauperis with this petition. support of the habeas corpus petition shall be filed in the case under docket number 25-CV-2979 (LTS). CONCLUSOIN The Court dismisses this petition for a writ of habeas corpus as duplicative of Petitioner’s pending action under docket number 25-CV-2979 (LTS).

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). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. Dated: April 30, 2025 New York, New York

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

Milchamot v. Warden of O.B.C.C., (S.D.N.Y. 2025).

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