Automated Summary
Key Facts
The court dismissed Plaintiff Joseph Roderick Jr.'s pro se action against William Martin Joel and others without prejudice as duplicative of a previously pending case, Roderick v. Joel, 1:25-CV-5446 (LTS). All pending motions were denied without prejudice to filing in the related case. The court also denied in forma pauperis status for any appeal under 28 U.S.C. § 1915(a)(3).
Issues
The court addressed whether this civil action should be dismissed as duplicative of a previously filed substantially similar complaint. The court determined that no useful purpose would be served by litigating this duplicative action and therefore dismissed it without prejudice to the Plaintiff's claims in the earlier case (Roderick v. Joel, 1:25-CV-5446 (LTS)). The court also denied all pending motions and requests in this action without prejudice to filing them in the earlier case.
Holdings
The Court dismisses this action without prejudice as duplicative of a pending action (Roderick v. Joel, 1:25-CV-5446 (LTS)) and denies all pending motions and requests. The Court also certifies that any appeal would not be taken in good faith and denies in forma pauperis status for appeal purposes.
Remedies
- The Court dismisses this action without prejudice as duplicative of Roderick v. Joel, 1:25-CV-5446 (LTS). The Court directs the Clerk of Court to terminate ECF 6.
- 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.
- The Court denies all pending motions and requests in this action without prejudice to filing them in Roderick, 1:25-CV-5446 (LTS).
Legal Principles
The court dismisses the action without prejudice as duplicative of another pending civil action (Roderick v. Joel, 1:25-CV-5446 (LTS)). The court also certifies under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, denying in forma pauperis status for appeal purposes.
Precedent Name
- Coppedge v. United States
- Roderick v. Joel
Cited Statute
28 U.S.C. § 1915(a)(3)
Judge Name
Chief United States District Judge Laura Taylor Swain
Passage Text
- Plaintiff has previously submitted to this court a substantially similar complaint commencing another civil action. That action is pending before the undersigned. See Roderick v. Joel, 1:25-CV-5446 (LTS). Because this action raises the same claims as in Roderick, 1:25-CV-5446 (LTS), no useful purpose would be served by the litigation of this duplicative 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.
- The Court dismisses this action without prejudice as duplicative of Roderick v. Joel, 1:25-CV-5446 (LTS). The Court denies all pending motions and requests in this action without prejudice to filing them in Roderick, 1:25-CV-5446 (LTS).