Aviles v. Hunt
- Laura Swain
- 1:25-cv-05037
- U.S. District Court · Southern District of New York
- 1
In Orlando Aviles v. David Hunt, Judge Swain dismissed this duplicate action without prejudice to claims in the other case.
Orlando Aviles’s action against David Hunt and the other defendants was dismissed as duplicative. The court stated that the claims could still be litigated in case number 25-CV-5071 (AT) (OTW).
What happened
Orlando Aviles asked the Southern District of New York to close his lawsuit against David Hunt and other defendants because he had filed a duplicate lawsuit against the same defendants and paid the filing fees in that case.
The court granted Aviles’s request and dismissed this action as duplicative of case number 25-CV-5071 (AT) (OTW). The court stated that the dismissal did not prevent litigation of the claims in that other case.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying court fees.
The detailed version
- Aviles v. Hunt · No. 1:25-cv-05037
- Laura Swain
- Sept. 8, 2025
Background
On August 19, 2025, the court received Orlando Aviles’s notice asking to close this action. Aviles said he had filed a duplicate lawsuit against the same defendants and had paid the fees in that case. The other action is pending under docket number 25-CV-5071 (AT) (OTW).
Ruling
The court granted Aviles’s request and dismissed this action as duplicative of case number 25-CV-5071 (AT) (OTW), without prejudice to litigation of the claims in that action. In other words, the dismissal ended this case but did not prevent the claims from being litigated in the other identified case.
Other Orders
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying court fees. The court also directed the Clerk of Court to enter judgment in this action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.