Song v. Coleman
- Laura Swain
- 1:23-cv-04740
- U.S. District Court · Southern District of New York
- 2
In Song v. Coleman, Judge Swain dismissed the duplicate lawsuit without prejudice and denied fee-free appeal status.
Eugenia Song’s duplicative case was dismissed without prejudice; her separate pending action against Peter Coleman was not dismissed by this order.
What happened
Eugenia Song, representing herself, sued Peter Coleman in Song v. Coleman. She had already filed an identical complaint against Coleman in a separate case that was still pending.
The court dismissed this case without prejudice because it duplicated the pending action, docket number 1:23-CV-4526 (LTS). The court directed the clerk to enter judgment in this case.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Song permission to appeal without paying filing fees.
The detailed version
- Song v. Coleman · No. 1:23-cv-04740
- Laura Swain
- June 13, 2023
Background
Eugenia Song, who was representing herself, filed this action against Peter Coleman. The court stated that Song had previously submitted an identical complaint against Coleman in a separate action that remained pending under docket number 1:23-CV-4526 (LTS).
Ruling
The court concluded that the present action raised the same claims as the pending action and that litigating a duplicative lawsuit would serve no useful purpose. It therefore dismissed the present action without prejudice to Song’s pending action under docket number 1:23-CV-4526 (LTS).
Other orders
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees and directed the clerk to enter judgment in the present action. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.