DuBose v. C.O. Nedd Shield #20705
Tyrek DuBose v. C.O. Nedd Shield #20705; CO John Doe#1, Shield # Unknown; CO Mayo Shield # Unknown; Nurse John Doe Shield # Unknown; Defendantco John Doe#2; Shield # Unknown
- Laura Swain
- 1:25-cv-09650
- U.S. District Court · Southern District of New York
- 2
In Tyrek DuBose v. C.O. Nedd, Judge Swain dismissed the duplicate civil-rights complaint without prejudice and did not charge its filing fee.
Tyrek DuBose’s duplicate lawsuit was dismissed without prejudice, while the opinion states that his earlier related case under docket number 25-CV-9072 remained pending. He was not charged the filing fee for this action, but permission to appeal without paying the filing fees was denied.
What happened
Tyrek DuBose filed a civil-rights lawsuit without a lawyer against C.O. Nedd and other defendants. The court said he had already filed a substantially similar or identical lawsuit against the same defendants, which was still pending under another docket number.
Because this case duplicated the pending lawsuit, the court dismissed the complaint without prejudice to that pending case. The court also directed the Clerk not to charge DuBose the $350 filing fee or take the money from his prison account for this lawsuit.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
The detailed version
- DuBose v. C.O. Nedd Shield #20705 · No. 1:25-cv-09650
- Laura Swain
- Dec. 1, 2025
Background
Tyrek DuBose, who the opinion says is incarcerated at the George R. Vierno Center on Rikers Island, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. The opinion does not describe the underlying claims. It states that DuBose had already filed a substantially similar, if not identical, complaint against the same defendants in a prior related proceeding, docket number 25-CV-9072 (LTS), which was still pending.
Ruling
The court dismissed this complaint without prejudice as duplicative of docket number 25-CV-9072. The court explained that filing and litigating a duplicate lawsuit would serve no useful purpose. The dismissal was without prejudice to DuBose’s pending case.
Fees and Appeal
The court directed the Clerk of Court not to charge DuBose the $350 filing fee for this action. It also directed that the official responsible for his custody not deduct or encumber funds from his prison trust account for this lawsuit. Finally, the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.