Alli v. Lue
- Laura Swain
- 1:23-cv-05284
- U.S. District Court · Southern District of New York
- 2
In Alli v. Lue, Judge Swain dismissed this duplicate action without prejudice, preserved claims in another case, and ordered no filing fee for this action.
Umar Alli; the duplicate case was dismissed, while his claims remained pending in No. 23-CV-5263 (LTS), and he was not charged the filing fee for this action.
What happened
Alli v. Lue involved a complaint filed by Umar Alli against multiple defendants, including ESU Captain Lue and the City of New York. The opinion states that Alli was incarcerated and represented himself.
The court received one copy of the complaint but opened it as two separate cases, including this case, 23-CV-5284 (LTS), and case 23-CV-5263 (LTS). After reviewing both filings, the court found that they were identical and that this case had been opened by mistake.
The court dismissed this action without prejudice to Alli’s claims in case 23-CV-5263 (LTS), directed that no filing fee be charged for this action, denied payment-free status for an appeal, and ordered judgment entered. Chief Judge Laura Taylor Swain signed the order.
The detailed version
- Alli v. Lue · No. 1:23-cv-05284
- Laura Swain
- June 23, 2023
Background
Umar Alli, who was incarcerated at Attica Correctional Facility, filed this action without a lawyer. The complaint named ESU Captain Lue, ESU Nevesu, an ESU officer identified as John Doe, a doctor identified as John Doe, and the City of New York.
The court received one copy of Alli’s complaint on June 20, 2023, but the complaint was docketed twice and opened as two civil actions: this action, No. 23-CV-5284 (LTS), and No. 23-CV-5263 (LTS). The court reviewed the submissions and found that the two actions were identical. It concluded that this action had been opened in error.
Rulings
The court dismissed this action as duplicative, without prejudice to Alli’s claims pending under docket number 23-CV-5263 (LTS). The court directed that all future filings be made in that other case.
Because this action was opened in error, the court directed the Clerk of Court not to charge Alli the $350 filing fee for this action. It also directed that the official holding custody of Alli not deduct or encumber funds from his prison trust account for this lawsuit.
The court certified that any appeal from the order would not be taken in good faith and denied payment-free status for purposes of an appeal. It also directed the Clerk of Court to enter judgment in this action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.