Arco v. Reason, Logic & Law
- Colleen McMahon
- 1:20-cv-08726
- U.S. District Court · Southern District of New York
- 2
The People d/b/a Johnny Arco v. Scott M. Rudes was dismissed as duplicative, Judge McMahon ruled, without reaching the claims.
The plaintiff's duplicate complaint was dismissed without prejudice to the plaintiff's separately pending case. The defendants were affected by the dismissal of this duplicate action.
What happened
In The People d/b/a Johnny Arco v. Scott M. Rudes, the plaintiff filed a lawsuit against Scott M. Rudes and other defendants. The plaintiff was representing himself.
The court said the plaintiff had already filed an identical lawsuit against the defendants. That earlier case was pending before Judge Louis L. Stanton under docket number 1:20-CV-8630.
Judge Colleen McMahon dismissed this complaint without prejudice to the pending case because litigating the duplicate lawsuit would serve no useful purpose. The court also denied the plaintiff permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Arco v. Reason, Logic & Law · No. 1:20-cv-08726
- Colleen McMahon
- Nov. 30, 2020
Background
The plaintiff brought the action without a lawyer. The opinion states that the plaintiff had previously submitted an identical complaint against the defendants. That earlier case was pending before Judge Louis L. Stanton under docket number 1:20-CV-8630.
Ruling
The court dismissed the complaint as duplicative, stating that the complaint raised the same claims as the pending case and that no useful purpose would be served by litigating the duplicate lawsuit. The dismissal was without prejudice to the plaintiff's pending case.
The court directed the Clerk of Court to mail the order to the plaintiff and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied the plaintiff permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.