Moore v. Manhattan District Attorneys Office
| Eugene Moore |
| Manhattan District Attorneys Office |
| 1:2019cv11602 |
| December 17, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #2 Order of Dismissal, #3 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal, to Eugene Moore DIN No. 19A1628 Mid-State Correctional Facility P.O. Box 2500 Marcy, NY 13403. (aea) |
Filing 3
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 1:19-CV-08940 (CM). 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 12/19/2019) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL: Plaintiff, currently incarcerated at Mid-State Correctional Facility, brings this pro se action under 42 U.S.C. 1983, asserting claims against the Manhattan District Attorney's Office in connection with Plaintiff's criminal proceedings in New York County. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted to this Court a substantially similar complaint against the Manhattan District Attorney's Office, arising from the same criminal proceedings. That case is pending before me under ECF 1:19-CV-08940 (CM). Because this complaint asserts claims against the same party and arises out of the same criminal proceedings, 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 1:19-CV-08940 (CM). The Clerk of Court is directed to assign this matter to 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 12/19/2019) (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 1 COMPLAINT against Manhattan District Attorneys Office. Document filed by Eugene Moore. (sac) |
| Case Designated ECF. (sac) |
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| Plaintiff: Eugene Moore | |
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| Defendant: Manhattan District Attorneys Office | |
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