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Lanier v. N.Y.P.D.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 18, 2008

EMMETT LANIER, PRO SE, PLAINTIFF,
v.
N.Y.P.D., 113 PCT. 10-18-05 INCIDENT SEARCH TEAM; C-74 ESU 8-18-06, 4 MAIN CELL HOUSE RESPONSE TEAM, DEFENDANTS.

The opinion of the court was delivered by: Irizarry, United States District Judge

SUMMARY ORDER

Plaintiff Emmett Lanier, currently incarcerated at Rikers Island, brings this action pro se pursuant to 42 U.S.C. § 1983 alleging that defendants used excessive force and delayed medical treatment in violation of his civil rights.*fn1 This action is a duplicate of a previously filed civil rights complaint alleging the same events, see Lanier v. 113th Pct, et al., No. 07-CV-3173 (DLI)(LB),which is currently pending before the court. The instant action raises no new allegations; thus, no useful purpose would be served by the filing and litigation of this duplicate complaint.

Accordingly, the complaint, filed in forma pauperis, is dismissed without prejudice to the litigation pending under Lanier v. 113th Pct., et al., No. 07-CV-3173 (DLI)(LB). See Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000) ("As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative of another federal court suit."). The court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

DORA L. IRIZARRY United States District Judge


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