Evans v. Orange County Jail Dental Dept.
- Laura Swain
- 1:22-cv-09768
- U.S. District Court · Southern District of New York
- 2
In Evans v. Orange County Dential Dept., Judge Swain dismissed the duplicative action without prejudice and denied fee-free appeal status.
James Earl Evans’s action against Orange County Dential Dept. and Jon Doe (Dental Doctor) was dismissed without prejudice; Evans was also denied permission to appeal without paying filing fees.
What happened
In Evans v. Orange County Dential Dept., James Earl Evans, who was representing himself, brought an action against Orange County Dential Dept. and Jon Doe (Dental Doctor). The court determined that the action duplicated Evans’s other pending action in the same court.
The court had given Evans 30 days to explain why the case should not be dismissed without prejudice. Evans submitted a declaration, but the court found that it did not show why this case was different and instead referred to events alleged in the earlier related action.
The court dismissed this action without prejudice as duplicative, denied Evans permission to appeal without paying filing fees, and directed the clerk to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
The detailed version
- Evans v. Orange County Jail Dental Dept. · No. 1:22-cv-09768
- Laura Swain
- Feb. 27, 2023
Background
James Earl Evans, proceeding without a lawyer, brought this action against Orange County Dential Dept. and Jon Doe (Dental Doctor). The opinion states that the court had previously directed Evans to explain why the action should not be dismissed without prejudice as duplicative of his other pending action in the same court, identified by docket number 7:22-CV-9767 (CS).
Show-Cause Response
The court gave Evans 30 days to submit a declaration explaining why the present action was not duplicative. The court received his declaration on January 30, 2023. It found that the declaration did not provide a reason the action was not duplicative and referred to events alleged in the earlier related action.
Ruling
The court dismissed the present action without prejudice as duplicative of the earlier related action. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court directed the clerk to enter judgment. Chief United States District Judge Laura Taylor Swain issued the order.
Classification Basis
This is a procedural order because the court dismissed the action as duplicative without deciding the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.