Moore v. City of Yonkers et al
| Jordan L. Moore |
| Police Officer John Doe, Detective John Doe #2, Police Officer Moran, City of Yonkers and Detective John Doe #1 |
| 1:2019cv07340 |
| August 6, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 19-CV-3629 (NSR). The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 8/8/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 4
ORDER OF DISMISSAL: Plaintiff, currently incarcerated at Westchester County Jail, brings this pro se action under 42 U.S.C. 1983. He alleges that on June 14, 2018, at 2:20 p.m., Defendants used excessive force when arresting him in Yonkers. For the following reasons, the complaint is dismissed without prejudice. Plaintiff has previously submitted to this Court a substantially similar complaint against the same Defendants arising out of the same incident. That case is pending before the Honorable Nelson S. Roman of this Court under docket number 19-CV-3629 (NSR). 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 19-CV-3629 (NSR). In light of the Court's belief that Plaintiff 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 Plaintiffs 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. 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 IFP 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 8/8/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, with Notice of Right to Appeal to Jordan L. Moore JID No. 220640 Westchester County D.O.C. P.O. Box 10 Valhalla, NY 10595. (aea) |
| 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 Jordan L. Moore.(sac) |
| Filing 2 COMPLAINT against City of Yonkers, John Doe, John Doe #1, John Doe #2, Moran. Document filed by Jordan L. Moore.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jordan L. Moore.(sac) |
| Case Designated ECF. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
