Hussey v. Nurse Luboa

Background

Yessuh Suhyes Hussey, who was detained at the Eric M. Taylor Center on Rikers Island, filed this self-represented action under 42 U.S.C. § 1983. The complaint named Nurse Luboa and Dr. Schneider as defendants.

The court stated that Hussey had previously submitted a substantially similar complaint against Luboa, arising from the same set of facts. That earlier case was pending under docket number 23-CV-2907 (LTS). The court’s earlier order had dismissed that complaint but allowed Hussey 60 days to file an amended complaint. The court also noted that Hussey had included allegations concerning Schneider in the earlier case but had not named Schneider as a defendant, and had been instructed to include any plausible Section 1983 claims against Schneider in the amended complaint in that case.

Ruling

The court dismissed this complaint as duplicative of docket number 23-CV-2907 (LTS), stating that filing and litigating a duplicate lawsuit would serve no useful purpose. The dismissal was without prejudice to Hussey’s pending case.

The court directed the Clerk of Court not to charge Hussey the $350 filing fee for this action and directed that funds not be deducted or encumbered from his prison trust account for this lawsuit. The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.