Williams v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHN T. WILLIAMS, Petitioner, 23-CV-8338 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner John T. Williams has brought numerous applications challenging his conviction and sentence in United States v. Williams, No. 14-CR-0784-2 (RJS) (S.D.N.Y. Dec. 14, 2016). Petitioner now brings this application, styled as a “Petition Rule 60(b)(4) Motion to Vacate for Lack of Jurisdiction Void Judgement.” For the following reasons, this application is dismissed.1 Petitioner recently filed a substantially similar application, styled as a “Motion for Relief of a Void Judgment for Lack of Jurisdiction Rule 60(b)(4),” in the United States District Court for the Western District of New York, Williams v. United States, No. 23-CV-0950 (W.D.N.Y.). By order dated September 18, 2023, that court transferred the matter to this district, where it was opened under docket number 23-CV-8300. Because this new application raises the same claims already pending in the action under docket number 23-CV-8300, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this action is dismissed without prejudice to Petitioner’s pending case under docket number 23-CV-8300.

1 On July 30, 2020, Petitioner was barred, under 28 U.S.C. § 1651, from filing any new action in this court in forma pauperis without first obtaining permission from the court to file. See Williams v. United States, ECF 1:20-CV-3101, 5 (S.D.N.Y. July 30, 2020), appeal dismissed, No. 20-3138 (2d Cir. Oct. 22, 2020) (dismissal effective Nov. 12, 2020). He has not sought permission to file this action. CONCLUSOIN The Court dismisses this action without prejudice as duplicative of Petitioner’s pending case under docket number 23-CV-8300. 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). The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. Dated: September 28, 2023 New York, New York

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