Francis v. City of New York et al
| Hopeton Francis |
| Correction Officer Equatie and City of New York |
| 1:2018cv07779 |
| August 23, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order of Dismissal, to Hopeton Francis 3491802702 Rikers Island- 11-11 Hazen Street E. Elmhurst, NY 11370. (vba) |
Filing 4
ORDER OF DISMISSAL: Plaintiff, currently incarcerated at the Robert N. Davoren Center, brings this pro se action under 42 U.S.C. 1983. He alleges that on April 7, 2018, during intake at the Manhattan Detention Center, Officer Equatie took $35.00 in cash from Plaintiff without recording it. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted to this Court a substantially similar complaint against the same Defendants asserting the same claim. That case is pending before this Court under docket number 18-CV-6546. Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 18-CV-6546. In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, the Clerk of Court shall not charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff's prison trust account for this lawsuit. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff's complaint is dismissed as duplicative, and the Clerk of Court is directed to close this action. 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). (Signed by Judge Colleen McMahon on 10/17/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Hopeton Francis.(rdz) |
| Filing 2 COMPLAINT against City of New York, Equatie. Document filed by Hopeton Francis.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Hopeton Francis.(rdz) |
| Case Designated ECF. (rdz) |
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