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Molina v. My Guard Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 21, 2008

JOSE LUIS MOLINA, PRO SE, PLAINTIFF,
v.
MY GUARD SECURITY; R/C DOLLNER, DEFENDANTS.

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

ORDER of DISMISSAL

On December 26, 2007, plaintiff Jose Luis Molina filed a pro se action alleging discrimination in employment. Molina v. My Guard Security et al., 07-CV-5426 (DLI)(LB) (Complaint #1). On February 8, 2008, plaintiff filed the instant complaint (Complaint #2). The Court has examined both complaints and finds that the instant complaint is a duplicate of Complaint #1.*fn1 Both complaints relate to the same Equal Employment Opportunity Commission ("EEOC") Charge Number 520-2007-03061 and the identical Notice of Right to Sue issued by the EEOC on December 19, 2007. Accordingly, the instant complaint is dismissed without prejudice to the litigation pending under Molina v. My Guard Security et al., 07-CV-5426 (DLI) (LB). See Curtis v. Citibank, N.A., 226 F.3d 133 (2d Cir. 2000).

The Clerk of Court is directed to close this case. In addition, the Clerk of Court is directed to mail a copy of this Order on pro se plaintiff at 11-11 Carroll Street, Apt. #3B, Brooklyn, New York 11225. A copy of this Order shall be served on defendant My Guard Security, electronically via ECF to the email address provided by it under Docket # 07-CV-5426 (DLI)(LB) for that purpose.

SO ORDERED.

DORA L. IRIZARRY United States District Judge


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